(A) In order for a conservation easement to be considered for donation by the Woodford County Rural Land Board, a completed application shall be submitted by the landowner on the approved application form. The landowner or a duly authorized representative of the landowner may apply. All landowners shall sign the application. The Board, by regulation, will establish policies and procedures to follow in assisting landowners with the application process. The following information shall be included in a completed application:
(1) Adequate identification by deed reference of the parcel of land to be considered for purchase;
(2) A map of the property at a scale of at least 1 inch = 600 feet showing the land area to be considered for purchase, as well as any contiguous acreage under the same ownership to be excluded, or a copy of a recorded plat of record, if any;
(3) A United States Department of Agriculture (USDA) Natural Resources Conservation Services Soil Map and farm plan and/or forest stewardship plan, if any, for the parcel under consideration;
(4) A full description of the agricultural production carried out on the property including type and quality of crops, number of livestock, and acreage of land leased or used from others for agricultural production;
(5) A statement by the landowner of any contingencies which the landowner wishes to make the Woodford County Rural Land Board aware of such as death, health, or retirement of the owner, financial stress, estate settlement, or other circumstances which may affect the property in the future;
(6) A statement by the landowner agreeing to pay for appraisal of the parcel of land that meets Internal Revenue Code of 1986, Section 170(h) standards;
(7) A statement by the landowner agreeing to allow annual inspections;
(8) A list of any and all liens and encumbrances on the parcel of land and a letter from the holder of such evidencing willingness to subordinate the applicant’s interests to the conservation easement;
(9) Existence of any surface or mineral leases or easements;
(10) A filing fee, in an amount established by the Woodford County Rural Land Board;
(11) All other information requested on the approved application form; and
(12) Full disclosure by the landowner of all known contaminants detrimental to the environment.
(B) The Woodford County Rural Land Board will review the application.
(C) The Woodford County Rural Land Board shall decide whether to accept the offer by vote of a simple majority of those voting members present. If accepted, the Woodford County Rural Land Board shall notify the landowner of the acceptance.
(D) The Woodford County Rural Land Board shall provide as much assistance and advice as prudent regarding donation of interests in land, but shall not be permitted to offer individual tax or legal advice. The Board shall maintain professionally prepared resource and reference materials and standard deed restriction and easement documents to assist landowners wishing to donate conservation easements or other interests in land.
(E) The Woodford County Rural Land Board may partner with an accredited land trust to hold the donated conservation easement on its behalf and provide financial assistance to facilitate this.
(Ord. 2009-06, passed 7-14-2009; Am. Ord. 2023-05, passed 5-23-2023)