Text: HF02240 Text: HF02242 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 352.2, Code 1997, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 5A. "Farmland preservation easement"
1 4 means an easement in, servitude upon, restriction upon the use
1 5 of, or other interest in real estate which is acquired by a
1 6 county from the owner of farmland, if the easement is created
1 7 for the purpose of preserving farmland for use in farm
1 8 operations, as provided in section 352.14.
1 9 Sec. 2. NEW SECTION. 352.14 FARMLAND PRESERVATION
1 10 EASEMENT.
1 11 1. A county may adopt an ordinance as provided in section
1 12 331.302, which provides for the acquisition of farmland
1 13 preservation easements for the purpose of preserving farmland
1 14 for use in farm operations in the county.
1 15 2. A county may acquire the farmland preservation easement
1 16 by gift, purchase, or exchange. The county shall not acquire
1 17 a farmland preservation easement through condemnation
1 18 proceedings. The county may only transfer the farmland
1 19 preservation easement to another public body or nonprofit
1 20 organization in order to carry out the purpose of this
1 21 section.
1 22 3. A farmland preservation easement shall allow farmland
1 23 to remain in private ownership for use in a farm operation,
1 24 and at the same time, restrict and control the future uses of
1 25 the farmland which may be incompatible with farm operations,
1 26 according to terms and conditions agreed to by the county and
1 27 the owner of the farmland subject to the easement, including
1 28 but not limited to restricting, controlling, or prohibiting
1 29 the subdivision of the farmland for industrial, commercial, or
1 30 residential use. The farmland preservation easement shall not
1 31 restrict any use permitted in an agricultural area as provided
1 32 in section 352.6.
1 33 4. A farmland preservation easement shall be perpetual
1 34 unless expressly limited to a lesser term as negotiated by the
1 35 county and the owner of the farmland, or unless released by
2 1 the county or the holder of the easement upon approval by the
2 2 county. The ordinance may provide for the termination of the
2 3 farmland preservation easement, including the repurchase of
2 4 the farmland preservation easement.
2 5 5. The farmland preservation easement shall become
2 6 effective and the farmland subject to the easement shall
2 7 become a servient estate when an acknowledgment of the
2 8 easement signed by an official designated by the county and
2 9 the owner of the farmland is recorded and indexed in the
2 10 office of the county recorder in the county where the farmland
2 11 is located.
2 12 6. The acquisition of a farmland preservation easement
2 13 shall not grant the public a right of access or right of use
2 14 on the farmland which is subject to the easement. The
2 15 acquisition of a farmland preservation easement does not
2 16 restrict any agency of the state or a political subdivision
2 17 from acquiring land by condemnation for a public use unrelated
2 18 to farmland preservation, as provided in chapter 6A. If such
2 19 farmland is condemned, the owner of the farmland shall be paid
2 20 the full amount to which the owner would be entitled if the
2 21 land was not subject to the farmland preservation easement
2 22 less any amount paid by the county for the farmland
2 23 preservation easement.
2 24 Sec. 3. EFFECTIVE DATE. This Act, being deemed of
2 25 immediate importance, takes effect upon enactment.
2 26 EXPLANATION
2 27 This bill amends Code chapter 352 which provides for county
2 28 land preservation initiatives. The bill authorizes a county
2 29 to adopt an ordinance which provides for the acquisition of
2 30 farmland preservation easements for the purpose of preserving
2 31 farmland for use in farm operations in the county. According
2 32 to the bill, a farmland preservation easement allows farmland
2 33 to remain in private ownership for use in a farm operation,
2 34 and at the same time, restricts and controls the future uses
2 35 of the farmland which are incompatible with farm operations,
3 1 according to terms and conditions agreed to by the county and
3 2 the titleholder of the land. The bill provides that an
3 3 easement cannot restrict any use otherwise permitted in an
3 4 agricultural area. The easement is perpetual unless expressly
3 5 limited to a lesser term as negotiated by the parties. The
3 6 bill provides that the ordinance may provide for the
3 7 termination of the easement, including by repurchase. The
3 8 bill requires that an acknowledgment of the easement be
3 9 recorded and indexed in the office of the county recorder.
3 10 The bill provides that the acquisition of an easement does not
3 11 grant the public a right of access or right of use on the
3 12 farmland, and does not restrict a government unit from
3 13 acquiring the land by condemnation for a public use unrelated
3 14 to farmland preservation.
3 15 The bill becomes effective upon enactment.
3 16 LSB 3080HH 77
3 17 da/jw/5
Text: HF02240 Text: HF02242 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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