TITLE XL
AGRICULTURE, HORTICULTURE AND ANIMAL HUSBANDRY

CHAPTER 432
SOIL CONSERVATION AND FARMLAND PRESERVATION

Acquisition of Agricultural Land Development Rights

Section 432:25

    432:25 Development Rights Acquired By Public Bodies. –
I. Development rights of agricultural lands may be acquired by any governmental body or charitable corporation or trust which has the authority to acquire interests in land. The restrictions arising from the acquisition of the development rights may be enforced by injunction or other proceeding. Representatives of the holder shall be entitled to enter such land in a reasonable manner and at reasonable times to assure compliance with the restriction.
II. The restrictions may be released, in whole or in part, by the holder for consideration in an amount determined by the governmental body or charitable corporation or trust that purchased the development rights all consistent with the terms of the deed. Prior to release of restriction by a governmental body, a public hearing shall be conducted in the municipality in which the site is located. A notice of said hearing shall specify the grounds for the hearing as well as the date, time and place, and at least 14 days' notice of the time and place of such hearing shall be published in a paper of general circulation in the municipality. A legal notice of the hearing shall also be posted in at least 3 public places in such city or town. The 14 days shall not include the day of publication nor the day of the meeting, but shall include any Saturdays, Sundays and legal holidays within said period.

Source. 1985, 72:1. 1986, 15:7, eff. April 18, 1986. 2023, 232:5, eff. Oct. 7, 2023.