Agenda - 02-24-1992 - Laserfiche WebLink

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§. 106 -744. Purchase of agricultural conservation easements. (a) A county may, with the voluntary consent of landowners, O ti O acquire by purchase agricultural conservation easements over qual- ifying farmland as defined by G.S. 106 -737 located within a volun- tary agricultural district as defined by G.S. 106 -738. (b) For purposes of this section, "agricultural conservation ease- ment" means a negative easement in gross restricting residential, commercial, and industrial development of land for the purpose of maintaining -its agricultural production capability. Such easement: (1) May permit the creation of not more than .three lots that -meet applicable county zoning and subdivision regula- _ - -. (2) ' Shall be perpetual in du'rat'ion,' provided that, -at least 20 years after the -purchase of 'an easement,• -a county may agree to reconvey the easement to the owner of the land for consideration, if the landowner can demonstrate to the sat - isfaction of the county that commercial agriculture is no longer practicable on the land in question. - (c) There is established a "North Carolina Farmland Preserva- tion Trust Fund" to be administered by the Commissioner of Agri- culture. The Trust Fund shall consist of all monies received for the purpose of purchasing agricultural conservation easements or transferred from counties or private sources. The Trust Fund shall be invested as provided in G.S. 147 -69.2 and G.S. 147 -69.3. , The Commissioner shall use -Trust Fund monies for the purchase of agricultural conservation easements, including transaction costs, and shall distribute Trust Fund monies to counties and private nonprofit conservation organizations for such purchases, including transaction costs. The Commissioner of Agriculture shall adopt_. rules and regulations governing the use, distribution, investment, and management of Trust Fund monies. (d) This section shall apply to agricultural conservation ease- ments falling within its terms. This section shall not be construed to make unenforceable any, restriction, easement, covenant, or con- dition that does not comply with the requirements of this section. This section shall not be construed to invalidate any farmland preservation program. This section shall not be construed to diminish the powers of any public entity, agency, or instrumentality to acquire by purchase, gift, devise, inheritance, eminent domain, or otherwise and to use property of any kind for public purposes. This section shall not be construed to authorize any public entity, agency, or instrumentality to acquire by eminent domain an agri- cultural conservation easement. (1991, c. 734, s. 1.) Editor's Note. — Session Laws 1991, c. 734, s. 2, makes this section effective. August 1, 1991. H 106 -745 to 106 -749: Reserved for future codification pur- poses.