(A) It is the intent of this chapter to preserve farmland through the establishment of permanent conservation easements. Therefore, agricultural conservation easements created pursuant to this chapter shall run with the land without regard to subsequent transfers of ownership in associated property. Development rights acquired pursuant to this chapter shall be held by the township in perpetuity, the single exception being when a court of competent jurisdiction has made the determination based on the doctrine of eminent domain, that the use of such development rights is necessary for a specific public interest, need or purpose.
(B) Based upon the determination of eminent domain by a court of competent jurisdiction that development rights held by the township must be purchased to serve a specific public interest, need or purpose, the township shall be paid either by the party or parties exercising eminent domain over such development rights or by the landowner. The purchaser shall pay to the township the current fair market value of the development rights at the time of the condemnation. Fair market value shall be calculated at the time of termination, either by a state-certified appraiser or by utilization of the points based appraisal set forth in § 154.10 of this chapter. If an appraiser selected can discern any actual or potential conflict of interest arising from his or her performance of an assigned appraisal, the appraiser shall, before undertaking work on the appraisal, disclose such actual or potential conflict of interest to the Township Board. In the event of an actual conflict of interest or an unacceptable potential conflict of interest, the Township Board shall select a different appraiser. A determination of the appropriate fair market value shall be made prior to termination of the applicable agricultural conservation easement. The value of the development rights shall be calculated as the difference between the current fair market value of the property which includes the value of its development rights and the current fair market value of the property based on its agricultural use under the existing agricultural conservation easement.
(C) The township shall deposit the proceeds from any development rights repurchase(s) made pursuant to the doctrine of eminent domain into the Farmland Preservation Fund, the proceeds of which shall be used to purchase additional development rights/agricultural conservation easements on additional farmland and other eligible land in the township.
(Prior Code, Ch. XXXI, § 9) (Ord. passed 8-16-2004)