reglab/housing_qa huggingface dataset:
3 DE Code § 916. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 9. Delaware Agricultural Lands Preservation Act|Subchapter III. Acquisition of Preservation Easements|§ 916. Valuation of easements.

§ 916. Valuation of easements. (a) The maximum value of any preservation easement to be purchased shall be the difference between the fair market value of the land under its agricultural zoning designation and the agricultural value of the land. The fair market value of the land is the price as of the valuation date for the highest and best use of the property which a vendor, willing but not obligated to sell, would accept for the property, and which a purchaser, willing but not obligated to buy, would pay for the property if the property was not subject to any restriction imposed under this chapter. The agricultural value of land is the price as of the valuation date which a vendor, willing but not obligated to buy, would pay for the property as a farm unit, to be used for agricultural purposes. The value of the preservation easement shall be determined as of the date the application for conveyance of the preservation easement is received by the Foundation. The value shall be determined by the Foundation based on appraisal by an appraiser selected by the Foundation, which appraisal shall be provided to the owner. The owner shall be entitled to have an appraisal performed by a qualified appraiser and submit such appraisal to the Foundation for consideration. The value of the easement shall be determined by an appraisal on the entire contiguous acreage, less 1 acre per each dwelling structure; provided, however, the entire contiguous acreage, including the 1 acre per dwelling structure, is considered subject to the preservation easement restrictions. (b) If the owner and Foundation do not agree on the value of the easement, as determined by appraisal, the owner shall be entitled to withdraw the application for conveyance without prejudice to any submission of an application in the future. 68 Del. Laws, c. 118, §  2;
3 DE Code § 917. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 9. Delaware Agricultural Lands Preservation Act|Subchapter III. Acquisition of Preservation Easements|§ 917. Termination of easement.

§ 917. Termination of easement. (a) Legislative intent. — It is the intent of the General Assembly that the preservation easements purchased under this subchapter be held by the Foundation for as long as profitable farming is feasible on the land subject to the easement but at a minimum for the period specified hereinafter. A preservation easement may be terminated only in the manner and at the time specified in this section. (b) Request for review. — At any time after 25 years from the date of acquisition of a preservation easement, the owner may request that the easement be reviewed for possible termination of the easement. (c) Inquiry and decision. — Upon a request for review of an easement for termination, an inquiry shall be conducted by the Foundation to determine the feasibility of profitable farming on the subject land. The inquiry shall be concluded and a decision reached by the Foundation within 180 days after the request for termination, and shall include:  (1) On-site inspection of the subject land; and (2) A public hearing conducted by the Foundation within the county containing the subject land after adequate public notice; and (3) A review of the subject land under the LESA scoring system; and (4) Approval of termination by the Board of Trustees of the Foundation. (d) Repurchase by owner. — If the request for termination is approved, an appraisal of the subject land shall be ordered by the Foundation at the expense of the owner requesting termination of the easement. Within a period of 180 days following the appraisal, the owner may repurchase the easement by paying to the Foundation the difference between the fair market value and the agricultural value of the subject land, as determined by the appraisal, but in no event shall the repurchase price be less than the amount paid by the Foundation for acquisition of the preservation easement. In addition, the owner shall also pay to the Fund an amount equal to any tax benefit realized under § 918 of this title. For purposes of this subsection, the term agricultural value shall also mean the price as of the valuation date which a buyer, willing but not obligated to buy, would pay for a farm unit with land comparable in quality and composition to the property being appraised, but located in the nearest location where profitable farming is feasible. For purposes of this paragraph, the term fair market value shall mean the price as of the valuation date which a buyer, willing but not obligated to buy, would pay for the land at its best and most beneficial use under any obtainable development zoning category. (e) Subsequent request for termination after denial or failure to repurchase. — If the request for termination is denied, or if the owner fails to repurchase the easement within 180 days of the appraisal, the owner may not again request termination of the easement until 5 years after his last such request. 68 Del. Laws, c. 118, §  2;
3 DE Code § 918. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 9. Delaware Agricultural Lands Preservation Act|Subchapter III. Acquisition of Preservation Easements|§ 918. Benefits of easement conveyance.

§ 918. Benefits of easement conveyance. In addition to the district benefits set forth in § 911 hereof of this title, the owner of real property subject to a preservation easement shall be entitled to exemption from taxation for the transfer of any interest in such real property by death otherwise subject to the estate tax under Chapter 15 of Title 30. The Department of Finance shall be entitled to adopt requirements to effectuate the exemption from taxation as provided hereunder. 77 Del. Laws, c. 85, §  8;  79 Del. Laws, c. 11, §  1;
3 DE Code § 919. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 9. Delaware Agricultural Lands Preservation Act|Subchapter IV. Miscellaneous Provisions|§ 919. Right of rejection.

§ 919. Right of rejection. (a) Notwithstanding any provision contained herein to the contrary, the Secretary of the Department of Agriculture shall be entitled, within 30 days of the date of decision of the Foundation, to reject the establishment or expansion of any Agricultural Preservation District or the acquisition of a preservation easement, and the decisions of the Foundation on such matters shall be subject to right of rejection exercisable by the Secretary of the Department of Agriculture. If the right of rejection as provided herein is exercised, the Secretary of the Department of Agriculture shall notify the Foundation in writing of such decision and the reasons for it. The Secretary of the Department of Agriculture may waive the right to reject by providing notification to such effect to the Foundation. Failure to act on the part of the Secretary of the Department of Agriculture within the specified 30-day period shall constitute an affirmation of the decision of the Foundation. (b) In the event of rejection of an application by the Secretary of the Department of Agriculture for establishment or expansion of any Agricultural Preservation District or the acquisition of a preservation easement, such application shall be considered denied and not subject to reconsideration for a period of at least 1 year. (c) Notwithstanding any provision contained herein to the contrary, the Secretary of the Department of Agriculture shall be entitled, within 30 days of the date of adoption of criteria for establishment and maintenance of Agricultural Preservation Districts pursuant to § 904(a)(1) of this title, to reject in whole or in part such criteria as adopted by the Foundation. If the right of rejection as provided herein is exercised, the Secretary of the Department shall notify the Foundation in writing of such decision and the reasons for it. The Secretary of the Department of Agriculture may waive the right to reject by providing notification to such effect to the Foundation. Failure to act within the specified 30-day period shall constitute an affirmation of the decision of the Foundation. In response to the exercise of the right of rejection the Foundation shall be entitled to adopt alternative criteria, which action shall also be subject to the right of rejection provided herein. 68 Del. Laws, c. 118, §  2;
3 DE Code § 920. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 9. Delaware Agricultural Lands Preservation Act|Subchapter IV. Miscellaneous Provisions|§ 920. Enforcement of restrictions.

§ 920. Enforcement of restrictions. (a) The Foundation shall be entitled to take action in any court of competent jurisdiction to enforce any restrictions or requirements imposed under this chapter, duly adopted regulations and binding legal instruments. In any such action the Foundation shall, if it prevails, be entitled to recover its reasonable costs and expenses, including reasonable attorney's fees. The Foundation shall also be entitled to recover in any such action all tax benefits conferred under § 911 of this title, plus one and one-half percent per month of tax benefit amounts computed on a compound basis from the date the tax benefit was first realized to the date of judgment. (b) Any person who violates a District restriction, requirement imposed in a preservation easement or the provisions of § 910(a) of this title, shall, after notification and failure to correct the violation, be subject to a civil penalty of not less than $50 but not more than $200 for each completed violation. If the violation continues for a number of days, each day of such violation shall be considered a separate violation. Unless joined to an action under subsection (a) of this section, a civil penalty claim hereunder shall be filed in any Court of Common Pleas. Any civil penalties recovered shall be paid to the Fund. (c) The Foundation shall be entitled to take action, including an action by monition, in any court of competent jurisdiction to enforce liens and to collect the Foundation's share of roll-back taxes, including penalties, which are due under the provisions of § 921(c) of this title. In any such action the Foundation shall be entitled to proceed through its legal counsel, without the need of obtaining any prior approval, and the Foundation shall, if it prevails, be entitled to recover its reasonable costs and expenses, including reasonable attorney's fees. Nothing contained herein shall preclude a county or school district from pursuing legal action to collect, on behalf of the Foundation, the Foundation's share of the roll-back tax through either independent action or as part of another action. Upon collection of the Foundation's share of the roll-back tax through such legal action the amount collected, after deduction of the seven and a half percent administration charge, shall be forwarded to the Foundation. 68 Del. Laws, c. 118, §  2;  68 Del. Laws, c. 371, §  6;
3 DE Code § 922. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 9. Delaware Agricultural Lands Preservation Act|Subchapter IV. Miscellaneous Provisions|§ 922. Condemnation of Preservation District lands.

§ 922. Condemnation of Preservation District lands. Nothing contained in this chapter shall prohibit the exercise of powers of eminent domain or condemnation with respect to lands located in an Agricultural Preservation District; provided, however, that the compensation paid for such lands by the condemning authority shall be based on the highest and best development use of the property with no consideration given to the restrictions and limitations imposed under this chapter; and provided further, that the condemning authority shall also include in its taking such additional lands rendered unusable or unprofitable for intended agricultural uses. Payment of compensation shall be made to the owner or, in the event the property is subject to a preservation easement, to the owner and the Foundation in accordance with their respective interests. 68 Del. Laws, c. 118, §  2;
3 DE Code § 923. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 9. Delaware Agricultural Lands Preservation Act|Subchapter IV. Miscellaneous Provisions|§ 923. Interim Foundation staffing.

§ 923. Interim Foundation staffing. (a) Until such time that funding is available to support a permanent Foundation staff, the staff support necessary for Foundation activities provided under this chapter shall be provided by the Agricultural Lands Preservation Section of the Department of Agriculture. Such Section shall, within 9 months of July 8, 1991, prepare in coordination with the Department of Natural Resources and Environmental Control and the Planning and Zoning Commissions of the respective counties, for review and consideration of the Foundation, the following:  (1) Proposed additional criteria for establishment and maintenance of Agricultural Preservation Districts; (2) A proposed selection system for scoring, ranking and prioritizing applications for conveyance of preservation easements; (3) A draft statewide agricultural lands preservation strategy; and (4) Proposed procedural rules and regulations for conduct of the internal affairs of the Foundation, including the development of draft application forms and procedures for conducting business. (b) The Department of Agriculture shall provide to the Foundation the administrative support necessary for the organization of the Foundation, including accommodations for meetings until such time that an office is opened by the Foundation. (c) The Foundation shall, from its sources of funding, reimburse the Department of Agriculture for any out-of-pocket costs expended by the Department of Agriculture on behalf of the Foundation which are related to efforts undertaken by the Department of Agriculture under this section. 68 Del. Laws, c. 118, §  2;
3 DE Code § 924. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 9. Delaware Agricultural Lands Preservation Act|Subchapter IV. Miscellaneous Provisions|§ 924. Governmental cooperation.

§ 924. Governmental cooperation. All municipalities, political subdivisions and every department, agency or public body of the State is hereby authorized and empowered to cooperate with, aid and assist the Foundation in effectuating this chapter and any amendment hereof or supplement hereto. 68 Del. Laws, c. 118, §  2;
3 DE Code § 925. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 9. Delaware Agricultural Lands Preservation Act|Subchapter IV. Miscellaneous Provisions|§ 925. Recording.

§ 925. Recording. The Foundation shall submit executed documents for recording in order to fully implement and enforce the provisions of this chapter. The offices of the Recorder of Deeds for the respective counties shall receive and appropriately index any such documents submitted by the Foundation. No recording cost, fee or charge of any nature shall be imposed for the recording of any documents or other materials submitted by the Foundation for purposes of implementing the provisions of this chapter. 68 Del. Laws, c. 118, §  2;  70 Del. Laws, c. 51, §  3;
3 DE Code § 926. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 9. Delaware Agricultural Lands Preservation Act|Subchapter IV. Miscellaneous Provisions|§ 926. Tax status.

§ 926. Tax status. The duties and functions exercised by the Foundation under this chapter, and any amendments hereof or supplements hereto, are and will be in all respects for the benefit of the people of the State and for the protection of their health and welfare. To this end, the Foundation shall be regarded as performing essential governmental functions in exercising such duties and functions and in carrying out this chapter and any law relating thereto, and shall not be required to pay any taxes or assessments of any character, levied either by the State or a political subdivision thereof, upon any of the property used by it for such purposes, or any income or revenue therefrom, including any profit from a sale or exchange. The acquisition and transfer of preservation easements hereunder shall be exempt from all realty transfer tax imposed under Chapter 54 of Title 30 and any county or municipal ordinance requiring payment of a realty transfer tax. 68 Del. Laws, c. 118, §  2;
3 DE Code § 927. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 9. Delaware Agricultural Lands Preservation Act|Subchapter IV. Miscellaneous Provisions|§ 927. Judicial review.

§ 927. Judicial review. Judicial proceedings to review any rule, regulations or other action of the Foundation or to determine the meaning or effect thereof may be brought in the Superior Court of this State, provided such review is requested within 30 days from the date of the promulgation of the rule or regulation or other action of the Foundation. 68 Del. Laws, c. 118, §  2;
3 DE Code § 928. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 9. Delaware Agricultural Lands Preservation Act|Subchapter IV. Miscellaneous Provisions|§ 928. Public hearings.

§ 928. Public hearings. For any public hearing conducted under the provisions of this chapter, the Foundation shall provide at least 20 days advance notice published in a daily newspaper of general circulation throughout the State. For a public hearing on a regulation or plan proposed for adoption the notification shall include a brief description of the regulation or plan, the time and place of the hearing, and time and place where copies of the proposed regulation or plan may be obtained or reviewed. A record from which a verbatim transcript can be prepared shall be made of all public hearings and shall, along with the exhibits and other documents introduced, constitute the record. 68 Del. Laws, c. 118, §  2;
3 DE Code § 929. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 9. Delaware Agricultural Lands Preservation Act|Subchapter IV. Miscellaneous Provisions|§ 929. Construction of chapter.

§ 929. Construction of chapter. This chapter and the regulations promulgated thereunder shall be construed liberally to effectuate the legislative intent and as complete authority for the performance of each and every act and thing herein authorized. 68 Del. Laws, c. 118, §  2;
3 DE Code § 930. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 9. Delaware Agricultural Lands Preservation Act|Subchapter IV. Miscellaneous Provisions|§ 930. Rules and regulations; investigations; review by Attorney General.

§ 930. Rules and regulations; investigations; review by Attorney General. (a) The Secretary of the Department of Agriculture may establish and promulgate such rules and regulations as he or she deems necessary to enforce the state policy established under this chapter. (b) Whenever the Secretary of the Department of Agriculture has reason to believe that a public agency's action will have an adverse impact on agriculture without an ample finding of public need or is harmful to the maintenance and preservation of agricultural activities, the Secretary may conduct a hearing to investigate the actions and make recommendations consistent with this chapter to the public agency. (c) Whenever the public agency disagrees with the Secretary's recommendations, the Secretary may request the Attorney General to review the record of the hearing on the matter and determine whether a Chancery Court action for injunctive relief consistent with this chapter is warranted. 64 Del. Laws, c. 465, §  1;  68 Del. Laws, c. 118, §  1;  70 Del. Laws, c. 186, §  1;
3 DE Code § 931. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 9. Delaware Agricultural Lands Preservation Act|Subchapter V. Forestland Preservation|§ 931. Purpose, policy and intent.

§ 931. Purpose, policy and intent. It is the declared policy of the State to conserve, protect and encourage the proper utilization of the State's forestland resources. The forestlands of the State are a renewable resource which provide economic, environmental and social benefits. There is a need to provide sufficient economic benefit to the owners of forestlands to voluntarily subject forestlands to protective restrictions through the sale of forestland preservation easements. The establishment of permanent forested areas throughout the State will serve the long term needs of the forest industry while providing invaluable wildlife and habitat protections and open space benefits to the citizens of the State. 75 Del. Laws, c. 201, §  6;
3 DE Code § 932. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 9. Delaware Agricultural Lands Preservation Act|Subchapter V. Forestland Preservation|§ 932. Establishment of forestland preservation areas.

§ 932. Establishment of forestland preservation areas. (a) Any owner or owners of contiguous forestland containing at least 10 acres of such lands located in the State and outside of a designated growth zone may submit on a voluntary basis, on such forms as the Foundation prescribes, an application for establishment of a forestland preservation area. Upon receipt of a completed application, the Foundation and the State Forester shall review the application to determine if it satisfies the criteria for eligibility established under § 933 of this title, and any rules of practice and procedure for acquiring forestland preservation easements adopted and related thereto. The Foundation shall notify the applicant of the findings, and may provide assistance to potential applicants regarding completion of necessary application forms. (b) The Foundation shall consider approval of application at noticed regularly scheduled meetings. Upon Foundation approval of a forestland preservation area, and after the landowner or owners execute a forestland preservation agreement in a recordable form as provided by the Foundation, the Foundation shall provide appropriate notice and a description of the established forestland preservation area to the planning and zoning commission and board of assessment for the county in which the forestland preservation area is located. Upon receipt of such information from the Foundation, the planning and zoning commission and board of assessment shall provide appropriate reference in their real property records and notations on maps which are utilized and maintained that the subject real property is designated as a forestland preservation area. 75 Del. Laws, c. 201, §  6;
3 DE Code § 935. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 9. Delaware Agricultural Lands Preservation Act|Subchapter V. Forestland Preservation|§ 935. Forestland use protections and benefits.

§ 935. Forestland use protections and benefits. (a) Owners of real property located in a forestland preservation area shall be entitled to the same protections provided to the owners of real property in Agricultural Preservation Districts under the provisions of § 910 of this title, and the term “Agricultural Preservation District(s)” as used in § 910 of this title, shall include a forestland preservation area. (b) Owners of real property located in a forestland preservation area shall be entitled to the same benefits provided to owners of real property located in Agricultural Preservation Districts under the provisions of § 911 of this title, and the term “Agricultural Preservation District(s)”, as used in § 911 of this title, shall include a forestland preservation area. 75 Del. Laws, c. 201, §  6;