§ 24-3-107. APPLICATION TO SELL AN EASEMENT TO THE COUNTY.

(a)

Owner may offer. An owner of agricultural land that meets the criteria in this title may offer by written application to sell an easement to the county.

(b)

Application deadline. Subject to available funding, the county shall, at a minimum, have an annual deadline for applications.

(c)

Application materials. The landowner shall submit an application complete with property description and other materials the Agricultural Board considers necessary to make a determination on purchasing the development rights.

(d)

Agricultural Board evaluation.

(1)

The Agricultural Board shall evaluate a farm or property based on, at a minimum, the factors listed in § 24-3-103(c) of this subtitle.

(2)

Following the evaluation, the Agricultural Board shall submit to the Director a priority ranking list of the easement applications that the Agricultural Board recommends in descending order from the highest ranked farm.

(3)

The ranking of priority farms for a county agricultural easement may include farms applying for state agricultural easements

(e)

Council approval.

(1)

The Director shall review the priority ranking list and either approve it or send it back to the Agricultural Board for reconsideration.

(2)

The Director shall submit an approved priority ranking list to the County Administrative Officer for introduction as a resolution before the County Council.

(3)

The County Administrative Officer shall submit the priority ranking list to the County Council for introduction as a resolution.

(f)

Offer to buy.

(1)

On County Council approval of the priority ranking list, the county shall notify landowners of their place on the ranking list.

(2)

Except as provided in paragraph (3) of this subsection or the preservation program, the county shall make offers to county applicants to purchase easements in the order approved in the priority ranking list.

(3)

(i)

1. If a funding source requires a property to meet specific criteria, farms on the priority ranking list that meet the criteria shall be given first consideration, and may be reranked by the Department based on the specific criteria.

2.

If additional applicants need to be considered, the county shall advertise at least 30 days before the closing of an application period for the selection of farms that must meet specific criteria.

(ii)

In the case of farms applying for a state agricultural easement, the county may make offers in the order of priority ranking to farms not anticipated to receive a state offer.

(4)

The county may make offers immediately, in conjunction with state offers, or at any other time.

(g)

County response to lands not selected. The county shall inform landowners not selected for purchase or standby status as soon as reasonably possible after the county's selection of productive agricultural lands from which to purchase easements as to whether the rejection is due to insufficient funds, ineligible funds, or another cause.

(h)

Landowner acceptance.

(1)

The landowner shall accept the county's offer within 30 days after receiving the offer.

(2)

A landowner who fails to respond after 30 days is deemed to have rejected the offer.

(3)

A landowner who rejects a county offer to purchase shall forfeit the landowner's right to sell an easement to the county for a period of 12 months.

(i)

Settlement. Settlement shall occur after the landowner's acceptance of the county's offer to purchase an easement and is contingent on the landowner:

(1)

Providing a title search and any other evidence, including a land survey, that may be necessary to establish clear title, correct acreage, and legal description; and

(2)

Fulfilling all of the terms, contingencies and conditions specified in the county's offer.

(j)

Same - Full payment; exception.

(1)

The county shall make payment for the easement in full at time of settlement unless the county agrees to purchase an easement on less than the whole property and the landowner gives the county a legally binding option to purchase an easement on the remainder of the property.

(2)

If the county accepts an option, it shall encumber and set aside funds necessary to complete the easement purchase.

(k)

Same - Installments.

(1)

The county may agree on and establish a schedule of payment under which the landowner may receive consideration for the easement in installments over a period of up to 10 years after the date of settlement.

(2)

At the time of settlement, the Foundation shall notify in writing each landowner who sells an agricultural easement to the Foundation of the schedule of anticipated ranges of interest rates to be paid on any unpaid balance after the date of settlement.

(3)

If a schedule of installments is agreed on, the county shall retain an amount of money sufficient to pay the landowner according to the schedule.

(l)

Recordation and reporting.

(1)

The county's acquisition of an easement shall be recorded in the land records and shall be cross referenced in a map data base.

(2)

The Department shall prepare and submit to the County Executive, County Council, and the appropriate state agencies an annual report of the easements purchased, their location, funding, and costs.

(1988 Code, § 14-460) (Bill No. 50-93, § 2, 7-10-1993; Bill No. 19-00, § 2, 7-1-2004; Bill No. 90-02, § 1, 10-25-2002; Bill No. 74-03, § 3, 7-1-2004)