<div class="chunk-title">Sec. 58-74. - Donation of conservation easements.</div>
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            <p class="incr0">
               (a)
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            <p class="content1">
               <span class="ital">General.</span> The board of commissioners may accept a voluntary donation or devise of conservation
               easements.
               </p>
            		
            <p class="incr0">
               (b)
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            <p class="content1">
               <span class="ital">Description.</span> The donation of conservation easements is legally binding, restricting the owner
               and future owners to agricultural and/or open space use of the land. The conservation
               easements will be held in public trust by the County or transferred to a private nonprofit
               conservation organization. Conservation easements will be in perpetuity and in compliance
               with the North Carolina Conservation and Historic Preservation Agreements Act and
               applicable federal and state tax laws.
               </p>
            		
            <p class="incr0">
               (c)
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            <p class="content1">
               <span class="ital">Minimum eligibility criteria.</span> The agricultural and/or open space land must be at least ten acres in size or contiguous
               to a ten-acre tract for which a perpetual conservation easement exists, and be in
               agricultural and/or open space use.
               </p>
            		
            <p class="incr0">
               (d)
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            <p class="content1">
               <span class="ital">Application procedure.</span> Guidance documents for donating conservation easements are housed at the Soil and
               Water Conservation District office. Upon contact by a landowner, a meeting will be
               set with the Soil and Water Conservation District attorney and a member of the advisory
               board, or its designee, to discuss donation of conservation easements.
               </p>
            		
            <p class="incr0">
               (e)
               </p>
            		
            <p class="content1">
               <span class="ital">Review and ranking of applications.</span> The applications will be ranked by the Soil and Water Conservation District and the
               county planning department. The Soil and Water Conservation District will rank each
               of the applications using the soil assessment and the conservation criteria in the
               farmland preservation ranking system. The Soil and Water Conservation District will
               forward the application and the soil assessment to the county planning department
               which will rank each of the applications using the site assessment criteria of the
               farmland preservation ranking system. After the Soil and Water Conservation District
               and county planning department have ranked the application, the Soil and Water Conservation
               District will prioritize applications and make recommendations to the advisory board.
               </p>
            		
            <p class="incr0">
               (f)
               </p>
            		
            <p class="content1">
               <span class="ital">Acquisition.</span>
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               The Soil and Water Conservation District attorney will obtain two appraisals on tracts
               considered for entry into the program. One appraisal will establish current fair market
               value of the property at its current highest and best use. The second appraisal will
               establish the value of the property for agricultural or open space use. Payment for
               these appraisals will be based upon negotiations with the landowner at the county's
               discretion.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               Upon receiving the written appraisals, the Soil and Water Conservation District attorney
               will prepare a donation verification statement to document the value of the interest
               conveyed to the county. This statement will be based on the difference between the
               appraised values. If an agreement is reached, a contract to convey will be signed
               promptly by the landowner and the board of commissioners or their designee.
               </p>
            		
            <p class="incr1">
               (3)
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            <p class="content2">
               The Soil and Water Conservation District attorney will cause any necessary title examinations
               to be performed and all documentation to be prepared. If the property in question
               is subject to mortgage(s) or lien(s), a subordination agreement or waiver must be
               secured from the mortgage or lien holder. Closing will not take place until this requirement
               is met. The Soil and Water Conservation District attorney will assist in securing
               this agreement with the mortgage or lien holder, at the request of the landowner.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               Upon preparation of appropriate legal documents covering titles, deeds, surveys, and
               subordination agreements, the closing will be scheduled. Prior to closing, all legal
               documents will be reviewed by the county and the Soil and Water Conservation District
               attorneys for verification and accuracy. At closing, the owner will execute appropriate
               full warranty documents conveying conservation easements to the county in perpetuity.
               After proper recordation of necessary instruments, the chairperson of the board of
               commissioners, or his or her designee, will sign and present the donation verification
               statement to the landowner. The county may bear all closing and related costs.
               </p>
            		
            <p class="incr0">
               (g)
               </p>
            		
            <p class="content1">
               <span class="ital">Public disclosure.</span> During negotiations concerning the donation of conservation easements, information
               will be kept confidential as allowed by law. Following a donation agreement, information
               may be made public as provided by law.
               </p>
            		
            <p class="historynote0">
               (
               <a class="ordinance-link" href="" data-product-id="12776" data-ordinance-id="797622">
                  Ord. No. 16-11-01
                  </a>
               , Â§ 1(Exh. A), 11-1-16)
               </p></div>