reglab/housing_qa huggingface dataset:
3 DE Code § 936. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 9. Delaware Agricultural Lands Preservation Act|Subchapter V. Forestland Preservation|§ 936. Acquisition of forestland preservation easements.

§ 936. Acquisition of forestland preservation easements. (a) The Foundation, subject to the availability of funds, shall be entitled to acquire, maintain and enforce forestland preservation easements for lands which are located in forestland preservation areas. The purchase of forestland preservation easements by the Foundation is purely a discretionary function, and the Foundation shall be under no obligation to purchase a forestland preservation easement from any applicant. The Foundation may utilize such method or methods of payment for forestland preservation easements as may be available. Upon acquisition of a forestland preservation easement the lands subject to such easement shall form a permanent forestland preservation area. The acquisition of a forestland preservation easement by the Foundation shall not grant the public any right of access or right of use of the real property subject to the easement. (b) The Foundation shall adopt rules of practice and procedure for the acquisition of forestland preservation easements which shall include the process and timeframe for submitting applications for the sale of forestland preservation easements, the establishment of the purchase price for the easements through use of appraisal information, the manner in which offers to sell easements are accepted, and the basis upon which offers for sale of easements are accepted. The rules of practice and procedure shall incorporate, to the extent necessary, provisions for utilizing federal, county or other funding. 75 Del. Laws, c. 201, §  6;
3 DE Code § 937. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 9. Delaware Agricultural Lands Preservation Act|Subchapter V. Forestland Preservation|§ 937. Forestland preservation easement criteria for eligibility and evaluation.

§ 937. Forestland preservation easement criteria for eligibility and evaluation. (a) In order for the Foundation to acquire a forestland preservation easement it shall be required that:  (1) The grantor of the forestland preservation easement has fee simple title to the real property and conveys the easement free and clear of all liens and encumbrances; and (2) The preservation easement is granted in perpetuity in a form acceptable to the Foundation, and includes the restrictions set forth in § 934 of this title, and such other terms and conditions as specified by the Foundation. (b) In reviewing applications for the conveyance of forestlands preservation easements the Foundation shall consider the relative cost of acquiring the easement giving due consideration to the extent to which an applicant is willing to discount the sale price below the easement value established by the Foundation. (c) The Foundation shall approve and announce the purchase price of forestland preservation easements at its regularly scheduled meetings. 75 Del. Laws, c. 201, §  6;
3 DE Code § 938. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 9. Delaware Agricultural Lands Preservation Act|Subchapter V. Forestland Preservation|§ 938. Right of rejection.

§ 938. Right of rejection. The Secretary of the Department of Agriculture shall, with respect to the approval of a forestland preservation area or the approval of purchase of forestland preservation easements, be entitled to reject such approvals in the manner and subject to the provisions of § 919 of this title. 75 Del. Laws, c. 201, §  6;
3 DE Code § 939. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 9. Delaware Agricultural Lands Preservation Act|Subchapter V. Forestland Preservation|§ 939. Enforcement of restrictions.

§ 939. Enforcement of restrictions. The Foundation is authorized to take those actions and exercise the authority and entitlements set forth under § 920 of this title to enforce the restrictions and other provisions which apply to forestland preservation areas, forestland preservation area agreements, forestland preservation easements, and the provisions of this subchapter. 75 Del. Laws, c. 201, §  6;
3 DE Code § 940. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 9. Delaware Agricultural Lands Preservation Act|Subchapter V. Forestland Preservation|§ 940. Condemnations.

§ 940. Condemnations. The provisions of § 922 of this title as they apply to land located in agricultural preservation districts shall also apply to the real property located in forestland preservation areas and real property subject to forestland preservation easements, and the terms “Agricultural Preservation District(s)”, “agricultural uses,” and “preservation easement,” as used in § 922 of this title, shall include a “forestland preservation area,” “forestry and related activities” and “forestland preservation easement” respectively. 75 Del. Laws, c. 201, §  6;
3 DE Code § 941. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 9. Delaware Agricultural Lands Preservation Act|Subchapter V. Forestland Preservation|§ 941. Program participation.

§ 941. Program participation. The owners of farmlands and forestlands included in Agricultural Preservation Districts shall be entitled to apply to sell an agricultural lands preservation easement to the Foundation under the provisions of subchapter III of this chapter, and concurrently apply to sell a forestland preservation easement under the provisions of this subchapter. If the owner's offers to sell the agricultural lands preservation easement and a forestland preservation easement on the same agricultural lands are accepted by the Foundation, the owners shall be entitled to proceed with the offer to sell an agricultural lands preservation easement for the entire property, or to separately sell a forestland preservation easement under the accepted offer and sell an agricultural lands preservation easement for the balance of the property under the accepted offer, whichever is considered desirable by the owner, provided further that the separate sale of a forestland preservation easement shall not limit the residential use allowance for the entire property as utilized on the balance of the property. 75 Del. Laws, c. 201, §  6;
3 DE Code § 942. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 9. Delaware Agricultural Lands Preservation Act|Subchapter VI. Farmland Purchase and Preservation Loan Program|§ 942. Purpose, policy and intent.

§ 942. Purpose, policy and intent. In furtherance of the declared policy of the State to conserve, protect and encourage use and improvement of agricultural lands and to encourage, promote and protect farming as a valued occupation it is important to provide a means of facilitating the acquisition of farmland by young farmers, while furthering the goal of permanently protecting the farmland which is acquired through the placement of permanent preservation easements on the acquired farmland property. To accomplish this objective it is desirable to establish a farmland purchase and preservation loan program in accordance with the provisions of this subchapter. 78 Del. Laws, c. 157, §  1;
3 DE Code § 943. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 9. Delaware Agricultural Lands Preservation Act|Subchapter VI. Farmland Purchase and Preservation Loan Program|§ 943. Loan program.

§ 943. Loan program. There is hereby established a farmland purchase and preservation loan program to be administered by the Foundation. 78 Del. Laws, c. 157, §  1;
3 DE Code § 944. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 9. Delaware Agricultural Lands Preservation Act|Subchapter VI. Farmland Purchase and Preservation Loan Program|§ 944. Loan program eligibility.

§ 944. Loan program eligibility. (a) In order to receive loan moneys from the Foundation for the purchase and preservation of farmlands the following eligibility criteria shall apply:  (1) The loan recipient shall be at least 18 years of age and no older than 40 years of age at the time a loan application is submitted to the Foundation. (2) The loan recipient at the time of loan application shall have at least 3 years of farming or agriculturally related activity experience. (3) The loan recipient at the time of loan application shall have a net worth of no more than $300,000. (4) The loan recipient shall be required to take title to the farmland in an individual name. (5) The farmland subject to purchase shall contain at least 15 tillable acres. (6) The loan recipient prior to the receipt of loan moneys shall not own or have an ownership interest in more than twice the tillable acres of farmland than the amount of tillable acres subject to purchases with loan moneys. (7) The farmland shall be located in the State of Delaware. (8) Loan applicants shall be residents of the State of Delaware. (9) The farmland subject to purchase may be comprised of a combination of tillable acres, forestlands or wetlands; provided however, that the farmland property is zoned for agricultural usage. (10) The farmlands being purchased shall not be subject to an existing preservation easement, conservation easement or similar limitation which restricts residential or commercial development. (11) Loan applicants shall contractually commit that they will be actively engaged in agricultural usage of the purchased farmland during the term of the Foundation loan. (b) The Foundation shall be entitled to adopt a loan application form requesting information from the loan applicant which includes, but is not limited to, information regarding loan eligibility. 78 Del. Laws, c. 157, §  1;
3 DE Code § 945. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 9. Delaware Agricultural Lands Preservation Act|Subchapter VI. Farmland Purchase and Preservation Loan Program|§ 945. Loan requirements and approval.

§ 945. Loan requirements and approval. (a) The following requirements and conditions apply to loans provided by the Foundation:  (1) The maximum total amount of loans provided to an individual recipient shall not exceed $500,000. (2) The maximum loan amount for any loan shall not exceed 70% of the appraised preservation easement value of the farmland property which is being purchased and subject to perpetual preservation easement. (3) A condition of the loan is that the eligible farmland being acquired is to be subjected at closing to a permanent preservation easement in the form determined by the Foundation, such easement to have priority status and not be subject to subordination. (4) The loans provided by the Foundation shall be secured by notes and mortgages which allow for the following conditions:  a. Notes and mortgages will be subordinated to other loans provided for the purchase, in whole or in part, of the eligible farmlands; provided however, that the perpetual preservation easement placed on the eligible farmland property at the time of settlement shall not be subordinated. b. The notes and mortgages shall bear no interest and the payback may be structured for final payback within 30 years, with initial payments to begin after the primary commercial or other financing for the purchase of the farmland property is satisfied or released. c. The notes and mortgages shall contain a requirement for payment in full of the balance of the loan upon the sale or transfer of the secured farmland property; provided however, the Foundation shall have the discretion to allow for assumption of the loan by the transferee under such terms and conditions deemed advisable, provided the transferee satisfies the loan eligibility requirements set forth in § 944(a) of this title above. (5) Loans are limited to the purchase of farmland and farmland improvements only. Portions of the property subject to purchase which are used or proposed for use for residential purposes are not eligible for loans, provided further nonetheless, that those lands used or intended for use for residential purposes are subject to the limitations set forth in § 909(a)(4)a. and b. of this title. (b) The approval of loans by the Foundation under this subchapter is purely a discretionary function and the Foundation shall be under no obligation to provide a loan to any applicant. 78 Del. Laws, c. 157, §  1;  81 Del. Laws, c. 76, § 3;
3 DE Code § 946. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 9. Delaware Agricultural Lands Preservation Act|Subchapter VI. Farmland Purchase and Preservation Loan Program|§ 946. Preservation easements.

§ 946. Preservation easements. (a) The preservation easements provided as a condition for receiving a loan under this subchapter shall include, but not be limited to, the following conditions:  (1) The preservation easement binds and runs with the farmland in perpetuity, and is not subject to the termination provisions of § 917 of this title. (2) No residential use is allowed on the farmland subject to the preservation easement. (3) The farming and related uses as specified under § 909(a)(5)a. through h. inclusive of this title shall be allowed. (4) Except as expressly provided otherwise, the farmland subject to a preservation easement under this subchapter shall have the same benefits, controls and restrictions as those preservation easements otherwise acquired pursuant to the provisions of this chapter, and provided further the Foundation shall be entitled to take enforcement action as provided in § 920 of this title. (b) The preservation easements acquired under this subchapter shall not be affected by the payment status of the loan. 78 Del. Laws, c. 157, §  1;
3 DE Code § 947. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 9. Delaware Agricultural Lands Preservation Act|Subchapter VI. Farmland Purchase and Preservation Loan Program|§ 947. Preservation Loan Fund.

§ 947. Preservation Loan Fund. There is hereby established a Preservation Loan Fund to be maintained, operated, supervised and administered by the Foundation, and used for making loan payments and related transaction costs and expenses for the loans provided under this subchapter. Moneys for the Preservation Loan Fund may be derived from specific appropriations provided by the General Assembly, federal grants, county and municipal grants and private funding. The Fund shall be operated as a resolving fund, with moneys paid to the Foundation as repayment of loans or condemnation related compensation deposited in the Fund and used to make additional loans. 78 Del. Laws, c. 157, §  1;
3 DE Code § 948. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 9. Delaware Agricultural Lands Preservation Act|Subchapter VI. Farmland Purchase and Preservation Loan Program|§ 948. Administration.

§ 948. Administration. (a) In carrying out the responsibilities of administering the loan program the Foundation shall be entitled to:  (1) Adopt an application and other forms for processing applications and closing loan transactions. (2) Establish a prequalification system for potential loan applicants. (3) Establish schedules and timelines for processing applications and making loan decisions. (4) Require the submission by applicants of a farm plan which includes a loan repayment plan. (5) Provide assurances to commercial or other lenders regarding willingness to subordinate Foundation loans to commercial or other loans needed to acquire farmland. (6) Structure and restructure the payment provisions of loans, provided however, that payments due the Foundation under any loan shall not be forgiven in whole or in part. (7) Have appraisals performed under an appraisal methodology approved by the Foundation to determine the fair market value and preservation easement value of loan eligible farmland property. (8) Develop selection criteria for approving loans involving competing applicants, with emphasis on selecting on a priority basis the loan applicant or applicants who request a loan with the lowest percentage value of the appraised preservation easement value of the eligible farmland. (9) Subordinate Foundation loans to commercial financing provided to support farming operations conducted on the purchased farmlands. (10) Cooperate with commercial lenders and others providing financing for the purchase of eligible farmlands to facilitate the successful completion of purchase transactions. (11) Establish a system for annual reporting by loan recipients to assure that the loan recipients are actively engaged in agricultural usage of the acquired farmlands. (b) The Foundation shall be entitled to advertise and promote the loan program, and create public awareness of the agricultural land preservation, open space and environmental benefits which the program provides. (c) The Foundation shall be entitled to adopt rules of practice and procedure for administering the loan program. 78 Del. Laws, c. 157, §  1;
3 DE Code § 949. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 9. Delaware Agricultural Lands Preservation Act|Subchapter VI. Farmland Purchase and Preservation Loan Program|§ 949. Secretary's veto.

§ 949. Secretary's veto. With respect to any loan application approved by the Foundation under this subchapter, the Secretary shall be entitled to veto any such approval at the time that the approval is granted. In the event the Secretary fails to exercise the veto power at the meeting at which the approval is granted, the veto power shall be deemed waived. 78 Del. Laws, c. 157, §  1;
3 DE Code § 1001. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 10. State Forestry|Subchapter I. General Provisions|§ 1001. State agency to cooperate with individuals, public agencies and United States government.

§ 1001. State agency to cooperate with individuals, public agencies and United States government. The Department of Agriculture is the agency of the State assigned plenary authority and responsibility in public forestry functions, in the conduct of which it may cooperate with individuals and public agencies including agencies of the United States in programs concerned with:  (1) The protection of forest lands from fire, disease and insect damage, including the application of control measures therefor; (2) Establishing forest growth on denuded or nonforested lands; (3) Aiding private forest landowners, operators and processors of primary forest products in applying desirable woodland improvement, management and harvesting practices; (4) Forest resource research, education and surveys; and (5) Public recreation.72 Del. Laws, c. 235, §  2;
3 DE Code § 1002. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 10. State Forestry|Subchapter I. General Provisions|§ 1002. State Forestry Fund.

§ 1002. State Forestry Fund. (a) The State Forestry Fund is continued, to which shall be credited all amounts appropriated by the General Assembly of the State for the administration of Chapters 10, 26 and 91 of this title and all amounts received through cooperation with the United States government under the act of Congress known as the Clarke-McNary Act [16 U.S.C. § 471a et seq.], as well as all other moneys to which the Department of Agriculture or the State Forestry Fund is entitled. (b) All revenue derived from the sale of products from state forests and from land under the administration of the Department of Agriculture, as well as all collected fees, shall be paid to the State Treasurer and credited by the Treasurer to the State Forestry Fund for use in connection with state forests. 72 Del. Laws, c. 235, §  2;  70 Del. Laws, c. 186, §  1;
3 DE Code § 1003. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 10. State Forestry|Subchapter I. General Provisions|§ 1003. Disposition of fines; report by courts of forestry law cases.

§ 1003. Disposition of fines; report by courts of forestry law cases. (a) All moneys received from fines imposed under Chapter 10, 26 or 91 of this title or any laws enacted for the protection of forest lands shall be paid to the Department of Agriculture and shall be deposited to the State of Delaware General Fund. (b) Any court before which any prosecution under the forestry laws of this State is finally concluded shall, within 20 days thereafter, report in writing to the Department of Agriculture the result thereof, the amount of fine or forfeit collected, if any, and the disposition thereof, and at the same time shall remit to the Department of Agriculture all moneys received from such fines and forfeitures. 72 Del. Laws, c. 235, §  2;
3 DE Code § 1004. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 10. State Forestry|Subchapter I. General Provisions|§ 1004. Agreements for prevention of forest fires.

§ 1004. Agreements for prevention of forest fires. (a) The Department of Agriculture may enter into agreements for the prevention and suppression of forest fires with county, municipal and private agencies owning or controlling woodlots, forest or wild lands, or whose activities in whole or in part are directed toward the prevention and suppression of forest fires. All expenditures shall be presented to the Department of Agriculture in monthly statements, in form and manner prescribed by the Department. The Secretary of the Department of Agriculture shall audit the same and transmit such statements to the Secretary of Finance in accordance with Chapter 65 of Title 29. (b) The Secretary of the Department of Agriculture shall certify to the Secretary of Agriculture of the United States the amounts thus expended by the State and by private agencies and fulfill any other requirements to obtain the cooperation of the federal government toward forest protection. 72 Del. Laws, c. 235, §  2;
3 DE Code § 1005. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 10. State Forestry|Subchapter I. General Provisions|§ 1005. Educational and research activities.

§ 1005. Educational and research activities. The Department of Agriculture may, so far as other duties will permit, carry on educational lectures and conduct exhibits on forestry within this State in the various colleges and schools of this State, and may also advance forestry education by publication. All colleges and schools supported in whole or in part by the State shall furnish such aid to the Department of Agriculture as circumstances will permit. The Department of Agriculture may also conduct investigations on forestry matters and publish for distribution literature of a scientific or general interest pertaining thereto that may promote the objects of Chapter 10, 26 or 91 of this title. 72 Del. Laws, c. 235, §  2;
3 DE Code § 1006. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 10. State Forestry|Subchapter I. General Provisions|§ 1006. Distribution of tree seeds and seedlings.

§ 1006. Distribution of tree seeds and seedlings. The Department of Agriculture may procure, produce, sell and distribute forest tree seeds and seedlings for the purpose of establishing windbreaks and forest growth upon denuded or nonforested lands within this State, in such quantities and under such regulations as are prescribed by the Department. 72 Del. Laws, c. 235, §  2;
3 DE Code § 1007. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 10. State Forestry|Subchapter I. General Provisions|§ 1007. Sale of surplus trees.

§ 1007. Sale of surplus trees. The Department of Agriculture may sell to forestry departments, boards or commissions of neighboring states any surplus supply of young forest trees that it has on hand for which there is no demand within the State, under an understanding that the same shall be distributed under regulations substantially similar to those provided for in § 1006 of this title. 72 Del. Laws, c. 235, §  2;