|
|
|
|
|
|
|
|
|
|
MARVIN MANDEL, Governor 3403
|
|
|
|
|
|
|
(I) THE LAND WITHIN THE PROPOSED
DISTRICT MEETS THE QUALIFICATIONS ESTABLISHED UNDER (C)
OF THIS SECTION;
(II) THE PETITION HAS BEEN APPROVED BY
THE COUNTY GOVERNING BODY; AND
(III) THE ESTABLISHMENT OF THE DISTRICT
IS APPROVED BY A MAJORITY OF THE FOUNDATION BOARD OF
TRUSTEES-AT-LARGE, BY THE SECRETARY, AND BY THE STATE
TREASURER.
(6) THE FOUNDATION SHALL RENDER ITS DECISION
ON A PETITION TO ESTABLISH AN AGRICULTURAL DISTRICT
WITHIN 60 DAYS OF THE RECEIPT OF THE PETITION, AND SHALL
INFORM THE COUNTY GOVERNING BODY AND THE PETITIONERS OF
ITS DECISION.
(7) IF THE FOUNDATION APPROVES THE PETITION,
THE AGRICULTURAL DISTRICT SHALL BE ESTABLISHED BY AN
ORDINANCE OF THE COUNTY GOVERNING BODY, HOWEVER THE
ESTABLISHMENT SHALL NOT TAKE EFFECT UNTIL ALL LANDOWNERS
IN THE PROPOSED DISTRICT HAVE EXECUTED AND RECORDED ALONG
WITH LAND RECORDS AN AGREEMENT WITH THE FOUNDATION
STIPULATING THAT FOR A PERIOD OF FIVE YEARS FROM THE
ESTABLISHMENT OF THE AGRICULTURAL DISTRICT, THE LANDOWNER
AGREES TO KEEP HIS LAND IN AGRICULTURAL USE AND HAS THE
RIGHT TO OFFER TO SELL AN EASEMENT FOR DEVELOPMENT RIGHTS
ON HIS LAND TO THE FOUNDATION UNDER THE PROVISIONS OF
THIS SUBTITLE.
(I) IN THE EVENT OF SEVERE ECONOMIC
HARDSHIP THE FOUNDATION, WITH THE "CONCURRENCE OF THE
COUNTY GOVERNING BODY, MAY RELEASE THE LANDOWNER'S
PROPERTY FROM THE AGRICULTURAL DISTRICT. ANY PERSON
AGGRIEVED BY A DECISION OF THE FOUNDATION REGARDING A
DETERMINATION OF SEVERE ECONOMIC HARDSHIP IS ENTITLED TO
JUDICIAL REVIEW.
(II) NOTHING IN THIS SECTION SHALL
PRECLUDE THE LANDOWNER FROM SELLING HIS PROPERTY.
(8) AT ANY TIME AFTER FIVE YEARS FROM THE
ESTABLISHMENT OF A DISTRICT A LANDOWNER MAY TERMINATE HIS
PROPERTY AS AN AGRICULTURAL DISTRICT BY NOTIFYING THE
FOUNDATION ONE YEAR IN ADVANCE OF HIS INTENTION TO DO SO.
(9) AFTER THE ESTABLISHMENT OF AN
AGRICULTURAL DISTRICT THE COUNTY GOVERNING BODY OR THE
FOUNDATION MAY REVIEW THE USE OF LAND WITHIN THE
DISTRICT.
(10) THE FOUNDATION MAY APPROVE ALTERATION OR
ABOLISHMENT OF A DISTRICT ONLY IF:
(I) THE USE OF LAND WITHIN THE
DISTRICT HAS SO CHANGED AS TO CAUSE LAND WITHIN THE
|
|
|
|
|
|
|
|
|
|
|
 |