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Session Laws, 1987
Volume 769, Page 477   View pdf image
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WILLIAM DONALD SCHAEFER, Governor                      Ch. 65

only that owner who originally sold an easement to the foundation
and may allow the owner to convey, free of the easement
restrictions, not more than 1 acre or less at a maximum density
of not more than 1 acre for each 20 acres or portion thereof not
to exceed 10 lots of 1 acre or less on any farm parcel, subject
to the easement to any child of the owner for the purpose of
constructing a dwelling house intended for use by that child. The
owner shall pay the State for the release of the easement or for
the benefit of conveying free of the easement restrictions at the
price per acre that the State paid the owner for the grant of the
easement. The owner or the child may not further subdivide the
acreage, and the conveyance or release does not constitute a
residential subdivision for commercial purposes. Before any
release or conveyance is made pursuant to this subsection, an
owner, and the child if there is a conveyance to the child, shall
agree with the foundation not to subdivide any land conveyed.
The agreement shall be recorded among the land records where the
land is located and shall bind all future owners. The owner also
may construct housing for tenants fully engaged in operation of
the farm, but this construction may not exceed one tenant house
per 100 acres. The land on which a tenant house is constructed
may not be subdivided or conveyed to any person. In addition,
the tenant house may not be conveyed separately from the original
parcel.]

(1)  EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, A
LANDOWNER, WHOSE LAND IS SUBJECT TO AN EASEMENT, MAY NOT USE THE
LAND FOR ANY COMMERCIAL, INDUSTRIAL, OR RESIDENTIAL PURPOSE.

(2)  UPON WRITTEN APPLICATION, THE FOUNDATION SHALL
RELEASE FREE OF EASEMENT RESTRICTIONS ONLY FOR THE LANDOWNER WHO
ORIGINALLY SOLD AN EASEMENT, 1 ACRE OR LESS FOR THE PURPOSE OF
CONSTRUCTING A DWELLING HOUSE FOR THE USE ONLY OF THAT LANDOWNER
OR LANDOWNER'S CHILD SUBJECT TO THE FOLLOWING CONDITIONS:

(I)  THE TOTAL NUMBER OF LOTS ALLOWED TO BE
RELEASED UNDER THIS SECTION MAY NOT EXCEED 10 LOTS OF 1 ACRE OR
LESS AT A MAXIMUM OF NOT MORE THAN 1 LOT FOR EACH 20 ACRES OR
PORTION THEREOF.

(II)  THE LANDOWNER SHALL PAY THE STATE FOR ANY
ACRE OR PORTION RELEASED AT THE PRICE PER ACRE THAT THE STATE
PAID THE OWNER FOR THE EASEMENT.

(III)  BEFORE ANY CONVEYANCE OR RELEASE, THE
LANDOWNER AND THE CHILD, IF THERE IS A CONVEYANCE TO A CHILD,
SHALL AGREE NOT TO SUBDIVIDE FURTHER ANY ACREAGE ALLOWED TO BE
RELEASED. THE AGREEMENT SHALL BE RECORDED AMONG THE LAND RECORDS
WHERE THE LAND IS LOCATED AND SHALL BIND ALL FUTURE OWNERS.

(3)  A LANDOWNER MAY CONSTRUCT HOUSING FOR TENANTS
FULLY ENGAGED IN OPERATION OF THE FARM, BUT THIS CONSTRUCTION MAY
NOT EXCEED 1 TENANT HOUSE PER 100 ACRES. THE LAND ON WHICH A

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Session Laws, 1987
Volume 769, Page 477   View pdf image
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