11-254.05. Purchase or lease of development rights; definition

A. The board of supervisors, by resolution, may purchase or lease the development rights of private land in the county with monies from any public or private source except for county development fees collected pursuant to section 11-1102. The board may not exercise the power of eminent domain to acquire development rights but may acquire development rights only from willing property owners.

B. Development rights may be acquired only for the following purposes:

1. To establish buffer zones from developing urban areas.

2. To preserve habitat or open space.

3. To sustain the culture and heritage of agriculture and ranching activities in the county.

4. To preserve archaeological resources or historic properties.

5. To implement a plan to comply with the requirements of the endangered species act of 1973 (P.L. 93-205; 87 Stat. 884; 16 United States Code sections 1531 through 1599).

C. The board shall:

1. Determine that the potential seller or lessor of the development rights and any adjoining property owners are fully informed as to the effects and consequences on the value of the land.

2. Hold a public hearing before adopting any resolution to acquire development rights.

3. In the case of a purchase of development rights, agree in perpetuity not to exercise the development rights and require the seller to agree that the land shall remain as open space.

4. In the case of a lease of development rights, agree not to exercise the development rights and require the lessor to agree that the land shall remain as open space for the term of the lease. The term of the lease must be at least twenty-five years.

5. In all cases, purchase or lease the development rights at no less than market value.

D.    Any property adjoining land with development rights acquired pursuant to this section shall not have its use or designation impaired by the acquisition of the development rights for the adjoining lands.

E. For purposes of this section, " acquire development rights" means the purchase or lease of a nonpossessory interest in real property that requires the owner of the real property to agree to conserve the land as open space or to preserve the historical, architectural, archaeological or cultural aspects of the real property in perpetuity, if purchased, or for the term of the lease, if leased.