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2016-694 DEAPR - Warranty Deed of Agricultural Conservation Easement for Vann Bennett and Bernadette Pelissier
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2016-694 DEAPR - Warranty Deed of Agricultural Conservation Easement for Vann Bennett and Bernadette Pelissier
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Last modified
12/7/2016 8:17:46 AM
Creation date
12/7/2016 8:14:15 AM
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BOCC
Date
12/5/2016
Meeting Type
Regular Meeting
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Others
Agenda Item
4a
Document Relationships
Agenda - 12-05-2016 - 4-a - Resolution of Approval – Conservation Easement for Persimmon Hill Farm
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\Board of County Commissioners\BOCC Agendas\2010's\2016\Agenda - 12-05-2016 - Regular Mtg.
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(1) Sections 1238 H and 1238 I of the Food Security Act of 1985, as amended, which <br /> authorizes the Farm and Ranch Lands Protection Program, administered through the United <br /> States Department of Agriculture, Natural Resources Conservation Service, which provides <br /> funds for the acquisition of Conservation Easements or other interests in prime, unique, or other <br /> productive soils for the purpose of limiting conversion to nonagricultural uses of the land; <br /> (2)North Carolina General Statute 139-2 et seq., which provides that"it is hereby <br /> declared ...that the farm, forest and grazing lands of the State of North Carolina are among the <br /> basic assets of the State and the preservation of these lands is necessary to protect and promote <br /> the health, safety and general welfare of its people... it is hereby declared to be the policy of the <br /> legislature to provide for the conservation of the soil and resources of this State;" <br /> (3)North Carolina General Statute 106-583 et seq., which states that"It is declared to be <br /> the policy of the State of North Carolina to promote the efficient production and utilization of the <br /> products of the soil as essential to the health and welfare of our people and to promote a sound <br /> and prosperous agriculture and rural life as indispensable to the maintenance of maximum <br /> prosperity;" <br /> (4) The Uniform North Carolina Conservation and Historic Preservation Agreements Act, <br /> North Carolina General Statute 121-34 et seq., which provides that conservation agreements are <br /> "interests in land"which may be effective"perpetually;"which provides for the enforceability of <br /> restrictions, easements, covenants or conditions "...appropriate to retaining land or water areas <br /> predominantly in their natural, scenic, or open condition or in agricultural, horticultural, farming <br /> or forest use...;" and which provides for tax assessment of lands subject to such agreements "on <br /> the basis of the true value of the land and improvement less any reduction in value caused by the <br /> agreement;" <br /> (5) The establishment of the North Carolina Agricultural Development and Farmland <br /> Preservation Trust Fund established in 1986 (N.C.G.S. 106-744(c) as amended) to preserve <br /> important farmland in North Carolina; <br /> (6) The North Carolina Conservation Tax Credit Program,North Carolina General Statute <br /> 105-130.34 and 105-151.12 et seq., which provides for state income tax credits for donations of <br /> land that are useful for fish and wildlife conservation and other similar land conservation <br /> purposes; <br /> (7)the Clean Water Management Trust Fund, authorized by NCGS § I I3A-251 et seq., <br /> which finances projects to acquire land and interests in land, including conservation easements <br /> for the purposes of providing environmental protection for surface waters and urban drinking <br /> water supplies; <br /> (8) the Soil and Water Conservation Districts Act, authorized by NCGS § 139-1, et seq., <br /> which provides for the preservation of farm, forest and grazing lands; <br /> Page 3 of 18 <br />
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