§ 24-3-204. REVIEW AND PURCHASE.

(a)

Department to submit applications to board. The Department shall:

(1)

Review all applications to ensure that they are complete and meet the eligibility criteria established in § 24-3-202(b) of this subtitle; and

(2)

Submit those that are complete and eligible to the Agricultural Board along with an analysis of the extent to which each application meets the selection criteria in § 24-3-202(c) of this subtitle.

(b)

Evaluation by the Agricultural Board.

(1)

The Agricultural Board shall evaluate each application based on the selection criteria established in § 24-3-202(c) of this subtitle and determine whether to recommend the farm for the purchase of an easement under the preservation program.

(2)

The Agricultural Board shall also score the farm under the easement ranking formula in effect in § 24-3-103(c) of this title at the time of the application.

(3)

After reviewing an application, the Agricultural Board shall submit to the Department an evaluation of the threat, the easement ranking score under the easement ranking formula in effect in § 24-3-103(c) of this title, and a recommendation to proceed or not to proceed with the purchase of an easement under the preservation program.

(c)

County approval.

(1)

After receiving a recommendation to proceed on an application from the Agricultural Board, the Department shall determine if the threat is sufficient to proceed with the purchase of an easement under the preservation program.

(2)

If the Department determines that the threat is sufficient to proceed with the purchase of an easement under the preservation program, the Department may prepare and submit to the County Administrative Officer:

(i)

A resolution for approval by the County Council authorizing the purchase of the easement without regard to the priority ranking list then in effect; and

(ii)

An easement purchase contract for approval by the county council.

(d)

Contents of easement purchase contract.

(1)

The Department shall determine the easement price in accordance with § 24-3-106 of this title.

(2)

The easement purchase contract shall include conditions determined by the Department which, if not complied with in the time specified in the contract, shall give the Department the right to void the contract.

(e)

Source of funds. The county shall purchase easements under the preservation program with funds from the county agricultural land preservation fund established under § 24-3-104(a) of this title.

(1988 Code, § 14-470) (Bill No. 90-02, § 2, 10-25-2002; Bill No. 74-03, § 3, 7-1-2004)