H.B. 805 VETOES
(3) All normal agricultural operations performed in accordance with
good husbandry practices which do not cause bodily injury or directly endanger
human health are permitted including, but not limited to, sale of farm products
produced on the farm where such sales are made.
(b) (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, EXCEPT FOR FARM AND FOREST RELATED USES AND HOME
OCCUPATIONS AS DETERMINED BY THE FOUNDATION A LANDOWNER WHOSE LAND
IS SUBJECT TO AN EASEMENT MAY NOT USE THE LAND FOR ANY COMMERCIAL,
INDUSTRIAL, OR RESIDENTIAL PURPOSE EXCEPT:
(I) AS DETERMINED BY THE FOUNDATION, FOR FARM AND FOREST
RELATED USES AND HOME OCCUPATIONS; OR
(II) AS OTHERWISE PROVIDED UNDER THIS SECTION.
(2) Except as provided in [paragraph (5)] PARAGRAPHS (3) AND (6) of this
subsection, on 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
child of the landowner, UP TO A MAXIMUM OF THREE LOTS, subject to the following
conditions:
(i) The total number of lots allowed to be released under this
section, except as provided in paragraph [(5)] (6) of this subsection, may not exceed
[10] 3 lots of 1 acre or less at a maximum of not more than 1 lot for [each] THE FIRST
20 acres [or portion thereof] AND 1 LOT FOR EACH ADDITIONAL FULL 50 ACRES:
1. 1 LOT IF THE SIZE OF THE EASEMENT PROPERTY IS 20
ACRES OR MORE BUT FEWER THAN 70 ACRES;
2. 2 LOTS IF THE SIZE OF THE EASEMENT PROPERTY IS 70
ACRES OR MORE BUT FEWER THAN 120 ACRES; OR
3. 3 LOTS IF THE SIZE OF THE EASEMENT PROPERTY IS 120
ACRES OR MORE.
(ii) The resulting density on the property may not exceed the
density allowed under zoning of the property before the Foundation purchased the
easement.
(iii) 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.
(iv) Before any conveyance or release, the landowner and the child,
if there is a conveyance to a child, shall agree not to subdivide further for residential
purposes 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.
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