county acquisition of
development rights
HB 2104 allows the county board of supervisors, by resolution, to purchase or lease development rights of private land in the county with monies from a variety of sources and prohibits the exercise of eminent domain in the acquisition of those development rights.
Purchase of development rights is a voluntary program, where a land trust or some other agency usually linked to local government, makes an offer to a landowner to buy the development rights on the parcel. Once an agreement is made, a permanent deed restriction is placed on the property which restricts the type of activities that may take place on the land in perpetuity. In this way, a legally binding guarantee is achieved to ensure that the parcel will remain undeveloped. "Development rights" are the maximum development that would be allowed on the property under a general or specific plan and local zoning ordinance.
· Development rights can be acquired only for:
- Establishing buffer zones from developing urban areas.
- Preserving habitat or open space.
- Sustaining the culture and heritage of agriculture and ranching activities in the county.
- Preserving archaeological resources or historic properties.
- Implementing a plan adopted by the Board to comply with the ESA.
· When acquiring property rights the Board is required to:
- Ensure that the seller or lessor of the development rights is fully informed of the effects and consequences on the value of the land.
- Hold a public hearing before adopting any resolution to acquire development rights.
- If purchasing development rights, agree to never exercise the development rights and require the seller to agree the land shall remain as open space.
- If leasing the development rights, agree to not exercise the development rights and require the lessor to agree the land shall remain as open space for the term of the lease (at least twenty-five years).
- Pay no less than market value for the development rights.