(1) All conservation easements or other interests in land which are purchased pursuant to this chapter shall be perpetual, unless released by the Rural Land Management Board pursuant to the provisions of this section.
(2) At any time after any part of the parcel of land has been included within the urban service area boundary, as determined by the then most recent comprehensive plan, the then current landowner may file a written request with the rural land staff for release of that part of the parcel of land which has been included within the urban service area boundary. The Rural Land Management Board shall approve the request and authorize the chair to execute a release of the conservation easement in recordable form, upon the following conditions:
(a) The landowner conveys to the Rural Land Management Board or the urban county government a conservation easement of equal or greater Fayette County acreage and of an equal or greater numerical score determined pursuant to Section 27-7; or at the option of the Board, upon a vote of eight (8) voting members thereof, the landowner pays to the Board a sum determined by appraisal to be
equal to the then current fair market value of the conservation easement being released; and
(b) The landowner pays to the Rural Land Management Board a sum equal to the costs incurred by the Board pursuant to subsection (a) of this section, including, but not limited to, survey and engineering fees, title search and title insurance fees, appraisal costs and recording fees; and
(c) The landowner pays to the Rural Land Management Board a sum equal to the amount, if any, by which the actual sum paid by the Board for the original conservation easement exceeds the actual sum paid by the landowner for the new conservation easement, in the event the landowner conveys to the Board a new conservation easement.
(3) A request pursuant to this subsection shall be considered for the same parcel of land not more often than once every three (3) years.
(4) The Rural Land Management Board shall place the proceeds realized from subsections (2) or (3) of this section in an account dedicated to the purchase of conservation easements and shall use the proceeds for the purchase of conservation easements consistent with the provisions of this chapter.
(Ord. No. 004-2025, § 1, 1-23-25)