Text: HF00470 Text: HF00472 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 331.441, subsection 2, paragraph b,
1 2 Code 1999, is amended by adding the following new
1 3 subparagraph:
1 4 NEW SUBPARAGRAPH. (15) The funding of the acquisition of
1 5 farmland preservation easements under a farmland preservation
1 6 ordinance adopted by the county.
1 7 Sec. 2. Section 352.2, Code 1999, is amended by adding the
1 8 following new subsection:
1 9 NEW SUBSECTION. 5A. "Farmland preservation easement"
1 10 means an easement in, servitude upon, restriction upon the use
1 11 of, or other interest in real estate which is acquired by a
1 12 county from the owner of farmland, if the easement is created
1 13 for the purpose of preserving farmland for use in farm
1 14 operations, as provided in section 352.14.
1 15 Sec. 3. NEW SECTION. 352.14 FARMLAND PRESERVATION
1 16 EASEMENT.
1 17 1. A county may adopt an ordinance as provided in section
1 18 331.302, which provides for the acquisition of farmland
1 19 preservation easements for the purpose of preserving farmland
1 20 for use in farm operations in the county.
1 21 2. A county may acquire the farmland preservation easement
1 22 by gift, purchase, or exchange. The county shall not acquire
1 23 a farmland preservation easement through condemnation
1 24 proceedings. The county may only transfer the farmland
1 25 preservation easement to another public body or nonprofit
1 26 organization in order to carry out the purpose of this
1 27 section.
1 28 3. A county may fund a farmland preservation easement
1 29 program with bonds issued under section 331.442. The farmland
1 30 preservation easement program is an essential county purpose
1 31 and the petition and election provisions of section 331.442
1 32 shall not apply to bonds issued to fund a farmland
1 33 preservation easement program.
1 34 4. A farmland preservation easement shall allow farmland
1 35 to remain in private ownership for use in a farm operation,
2 1 and at the same time, restrict and control the future uses of
2 2 the farmland which may be incompatible with farm operations,
2 3 according to terms and conditions agreed to by the county and
2 4 the owner of the farmland subject to the easement, including
2 5 but not limited to restricting, controlling, or prohibiting
2 6 the subdivision of the farmland for industrial, commercial, or
2 7 residential use. The farmland preservation easement shall not
2 8 restrict any use permitted in an agricultural area as provided
2 9 in section 352.6.
2 10 5. A farmland preservation easement shall be perpetual
2 11 unless expressly limited to a lesser term as negotiated by the
2 12 county and the owner of the farmland, or unless released by
2 13 the county or the holder of the easement upon approval by the
2 14 county. The ordinance may provide for the termination of the
2 15 farmland preservation easement, including the repurchase of
2 16 the farmland preservation easement.
2 17 6. The farmland preservation easement shall become
2 18 effective and the farmland subject to the easement shall
2 19 become a servient estate when an acknowledgment of the
2 20 easement signed by an official designated by the county and
2 21 the owner of the farmland is recorded and indexed in the
2 22 office of the county recorder in the county where the farmland
2 23 is located.
2 24 7. The acquisition of a farmland preservation easement
2 25 shall not grant the public a right of access or right of use
2 26 on the farmland which is subject to the easement. The
2 27 acquisition of a farmland preservation easement does not
2 28 restrict any agency of the state or a political subdivision
2 29 from acquiring land by condemnation for a public use unrelated
2 30 to farmland preservation, as provided in chapter 6A. If such
2 31 farmland is condemned, the owner of the farmland shall be paid
2 32 the full amount to which the owner would be entitled if the
2 33 land was not subject to the farmland preservation easement
2 34 less any amount paid by the county for the farmland
2 35 preservation easement.
3 1 Sec. 4. EFFECTIVE DATE. This Act, being deemed of
3 2 immediate importance, takes effect upon enactment.
3 3 EXPLANATION
3 4 This bill amends Code chapter 352 which provides for county
3 5 land preservation initiatives. The bill authorizes a county
3 6 to adopt an ordinance which provides for the acquisition of
3 7 farmland preservation easements for the purpose of preserving
3 8 farmland for use in farm operations in the county. The bill
3 9 allows a county to fund a farmland preservation easement
3 10 program with essential county purpose general obligation
3 11 bonds. According to the bill, a farmland preservation
3 12 easement allows farmland to remain in private ownership for
3 13 use in a farm operation, and at the same time, restricts and
3 14 controls the future uses of the farmland which are
3 15 incompatible with farm operations, according to terms and
3 16 conditions agreed to by the county and the titleholder of the
3 17 land. The bill provides that an easement cannot restrict any
3 18 use otherwise permitted in an agricultural area. The easement
3 19 is perpetual unless expressly limited to a lesser term as
3 20 negotiated by the parties. The bill provides that the
3 21 ordinance may provide for the termination of the easement,
3 22 including by repurchase. The bill requires that an
3 23 acknowledgment of the easement be recorded and indexed in the
3 24 office of the county recorder. The bill provides that the
3 25 acquisition of an easement does not grant the public a right
3 26 of access or right of use on the farmland, and does not
3 27 restrict a government unit from acquiring the land by
3 28 condemnation for a public use unrelated to farmland
3 29 preservation.
3 30 The bill becomes effective upon enactment.
3 31 LSB 2303YH 78
3 32 sc/jw/5
Text: HF00470 Text: HF00472 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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