(A) The provisions of this regulation are applicable only to land in agricultural preservation districts on which an easement is not held by the Foundation.
(B) After 3 years. A landowner may terminate his property's inclusion in an agricultural preservation district at any time after 3 years from the establishment of the district. Notice of intention to terminate may be submitted to the county at any time after the 3-year term.
(C) Severe economic hardship.
(1) County approval needed. If severe economic hardship occurs, the county governing body may release the landowner's property from an agricultural preservation district at any time.
(2) Petitioning the county:
(a) To obtain the relief available under division (C)(1) of this section, the landowner shall petition the county, stating succinctly the severe economic hardship that the landowner is sustaining, and providing the county with the following information:
1. A recent financial statement which shows the owner's complete assets and liabilities and a statement that the information contained in the financial statement is true and accurate; or
2. Other information attesting to the severe economic hardship that the landowner is sustaining, including by way of example, information from mortgagees, lien holders, creditors, attorneys, the Internal Revenue Service, or other third-party interests who are qualified to address the economic condition of the landowner.
(b) Disclosure of information. To the extent permitted by law, the county shall deny public access to the information the landowner has supplied under division (C)(2)(a) of this section.
(c) If the county approves the petition to release the landowner's property from a district, the county shall prepare the release.
(Res. 2009-1, passed 1-13-2009)