48-5706. Powers of agriculture preservation district

A. An agriculture preservation district, acting through its board of directors, may:

1. Acquire in the name of the district any real or personal property or interest in property by gift, purchase, lease, including long-term lease, transfer or otherwise and own, control, manage or dispose of this property or interest if necessary or convenient to further the purposes of the district. A district may spend private monies, contributions, appropriations or grants received by the district in compliance with the terms and conditions under which the monies are received, if the terms and conditions meet the approval of the board and are within the scope of the statutory powers and duties of the district.

2. Join with any other political subdivision, municipality or federal or state agency, any private entity or any combination of public and private entities to cooperate and assist in the acquisition, operation and management of land in the district, including the acquisition of an interest in land that is less than a full ownership interest.

3. Sell, lease or otherwise dispose of any property of the district or interest in the property if the property is no longer required for the purposes of the district or if use of the property may be permitted without interfering with the use to which it is put by the district.

4. Lease or otherwise acquire development rights to undeveloped real property in the district for periods of not more than twenty-five years with a review of the terms of the lease or other acquisition every five years at a public meeting of the board.

5. Sell or otherwise dispose of any by-product resulting from the maintenance of the district.

6. Pay expenses incidental to the exercise of its powers.

7. Employ staff to assist in performing the duties of the district.

8. Propose regulatory and taxation based incentives for participation in the district.

9. Formulate and adopt rules necessary to operate the district.

B. An agriculture preservation district may not levy or assess a tax, issue bonds or exercise any power of eminent domain. An agriculture preservation district furthers a public purpose and the property owned by the district is thereby exempt from taxation.

C. An agriculture preservation district is subject to title 38, chapter 3, article 3.1 relating to open meetings and title 39, chapter 1 relating to public records.