The loss of farmland and open space throughout the country has become a very important issue in recent years. As more and more land becomes developed, an increasing number of tools have been created to preserve the land that remains. Currently 18 states have active PDR programs. The purpose of this fact sheet is to describe this program. These rights include the right to possess, use, modify, develop, lease, or sell the land.
Mineral rights constitute one of the items in the bundle with which most people are aware.
If the mineral rights have been separated from the remaining items in the bundle, the owner is prohibited from drilling for oil or from mining the land. The right to develop a piece of land for residential, commercial, or industrial purposes is also a right within the bundle. The purchase of development rights involves the sale of that right while leaving all the remaining rights as before. The landowner is free to turn down the offer, or to try to negotiate a higher price. 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.