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a preservation report Coverings the policies, practices and initiatives that save farmland and open space Since 1990 # Deborah Bowen, Editor Lot rights at ,1 -50 density proposed for Md. preserved farms ANNAPOLIS, MD — Farms preserved in Maryland should come with development rights attached, at a density of one house per 50 acres, according to a Policy Review Committee recommendation backed by program director Paul W. Scheidt. The change in policy would be a by -right allowance that would run with the land. The Maryland Agricultural Land Preservation Foundation approved for distribution and review, Feb. 20, a memorandum on the proposed change. The proposal comes during a period of program review by a task force appointed by the governor last fall and charged with recommending im= provements by July T. The Policy Review Commit- tee is separate from the task force, and includes three local program administrators, two of whom opposed the policy as written. The policy would replace the program's. existing "child's lot" and "owner's lot" allowances that have been difficult for staff to administer, and annoying for the Foundation board to approve, according to Scheidt, who explained the changes to a task force subcommittee studying program procedures March 1. The proposed policy will eliminate the need to focus on who is requesting and who will be residing in homes on preserved farms and create more flexibility "by expanding the right to con- struct dwellings to include subsequent owners and not limiting the use of such dwellings, "the please tum to page 2 Oregon property.rights measure ruled unconstitutional PORTLAND, OR — A property rights compensation measure passed by Oregon voters last fall that would clearly have been the nation's most strin- gent, has been ruled unconstitutional by an Ore- gon circuit court judge. The issue, however, could be revisited in another ballot measure in Novem- ber 2002. Marion County Judge Paul Lipscomb, who issued an injunction to stop the law from going into effect in December, wrote in a 110 -page opinion that the measure violates the state's constitution because it made "direct and substan- tive changes" to Section 18 of the Constitution "without giving any notice to the voters." The judge also concluded that the measure contained multiple amendments when the Constitution requires that voters vote separately on different please turn to page 3 Volume 11, Number 5 March 2001 inside this issue ... $10,000 per acre cap could be lifted in Pa .................... p. 4 Points -based appraisals formally approved by feds ... p. 4 Maryland takes steps to speed process ......................... p. 4 Ca. study on farmer motivation to sell easements ..... p. 6 Legislative briefs ............................. ............................... p. 6,7 Bowers Farmland Preservation Report is published 10 times per year. Subscription rate of $185 includes index and hotline service. Editorial and Publishing, Inc. circulation offices- 9W La Grange Rd., Street, Maryland 21154 • (410) 692 -2708 • ISSN: 1050 -6373. © 2001 by Bowers Publishing, Inc. Reproduction in any form, or forwarding of this material electronically without permission from the publisher is prohibited.