<div class="chunk-title">Sec. 58-73. - Lease of conservation easement.</div>
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            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               <span class="ital">General.</span> The county can lease conservation easements in agricultural lands. Applications will
               be ranked based upon various site factors. Conservation easements will be leased in
               accordance with the ranking of farm properties and the availability of allocated funds.
               Compensation for conservation easements will be based on the advisory board's determination
               of cash rent values for comparable land. The lease price will be subject to negotiation.
               The leasing of conservation easements will be a low priority, used only when insufficient
               interest in the purchase of conservation easements exist.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               <span class="ital">Description.</span> The lease 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.
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <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)
               </p>
            		
            <p class="content1">
               <span class="ital">Application procedure.</span> An application must be submitted to the advisory board, or its designee.
               </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 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 advisory board will calculate a maximum cash rent value for each application.
               A cash rent value factor will be set by a committee consisting of the NRCS District
               conservationist, the county cooperative extension director, and three residents of
               the county selected by the advisory board, who derive a majority of their income from
               agricultural production. The advisory board will call the meeting of this committee
               and document the findings. The cash rent value factor will include the lease price
               per acre for the first five years of the lease and the formula for annual payments
               for the term of the lease.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               Upon calculating the lease value, the Soil and Water Conservation District attorney
               will present the value to the landowner by certified mail. The landowner will have
               30 days from receipt of the values to submit an offer to lease his/her conservation
               easements. Failure to respond in writing within the required time may constitute waiver
               of the opportunity. Upon receiving an offer to lease, the Soil and Water Conservation
               District attorney will meet with the landowner and accept, reject, or negotiate a
               compromise price with the landowner. 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)
               </p>
            		
            <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 the lease of a conservation
               easement the county and the Soil and Water Conservation District attorneys shall review
               all necessary documents prior to the execution by both parties. The Soil and Water
               Conservation District attorney will cause a copy of any lease to be recorded with
               the county office of the register of deeds.
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               The board of commissioners may extend any stated time limit, as circumstances require.
               The deviations will be reported to the chairperson of the advisory board and the landowner.
               </p>
            		
            <p class="incr0">
               (g)
               </p>
            		
            <p class="content1">
               <span class="ital">Public disclosure.</span> During negotiations concerning the lease of conservation easements, information will
               be kept confidential, as allowed by law. Following closing of each lease, 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>