reglab/housing_qa huggingface dataset:
2 DE Code § 947. (2021)
2021 Delaware Code|Title 2 - Transportation|Chapter 9. Airports of Political Subdivisions|Subchapter IV. Joint Operations|§ 947. Joint funds.

§ 947. Joint funds. (a) For the purpose of providing funds for necessary expenditures in carrying out the joint operations, a joint fund shall be created and maintained, into which each of the political subdivisions involved shall deposit its proportionate share as provided by the joint agreement, such funds to be provided for by bond issues, tax levies and appropriations made by each political subdivision in the same manner as though it were acting separately under the authority of this chapter, and into which shall be paid the revenues obtained from the ownership, control and operation of the airports and other air navigation facilities jointly controlled, to be expended as provided in § 926 of this title. Revenues in excess of cost of maintenance and operating expenses of the joint properties shall be divided as provided in the original agreement for the joint venture. (b) All disbursements from the joint fund shall be made by order of the board in accordance with such rules and regulations and for such purposes as the appointing governing bodies, acting jointly, shall prescribe. Code 1935, c. 167;  45 Del. Laws, c. 300, §  11(10), (11);  2 Del. C. 1953, §  947;
2 DE Code § 948. (2021)
2021 Delaware Code|Title 2 - Transportation|Chapter 9. Airports of Political Subdivisions|Subchapter IV. Joint Operations|§ 948. Specific performance of joint agreements.

§ 948. Specific performance of joint agreements. Specific performance of the provisions of any joint agreement entered into as provided for in § 943 of this title may be enforced as against any party thereto by the other party or parties thereto. Code 1935, c. 167;  45 Del. Laws, c. 300, §  11(12);  2 Del. C. 1953, §  948;
3 DE Code § 901. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 9. Delaware Agricultural Lands Preservation Act|Subchapter I. Establishment of Foundation, Advisory Boards and Fund|§ 901. Purpose, policy and intent.

§ 901. Purpose, policy and intent. It is the declared policy of the State to conserve, protect and encourage improvement of agricultural lands within the State for the production of food and other agricultural products. It is also the declared policy of the State to encourage, promote and protect farming as a valued occupation. Preservation of the State's farmlands and forestlands is considered essential to maintaining agriculture as a viable industry and important contributor to Delaware's economy. It is a finding of the General Assembly that valuable and irreplaceable farmlands and forestlands are being lost due to nonagricultural development pressures and that, to insure the long-term utilization of the State's most viable agricultural lands, it is necessary to adopt and implement an effective program and infrastructure for permanent agricultural land preservation. To the maximum extent possible, State agency action, particularly action involving the exercise of powers of eminent domain, which has an adverse impact on viable agricultural lands, should be avoided or minimized. It is further recognized that a need exists to create sufficient economic incentives and benefits to encourage agricultural landowners to voluntarily place viable agricultural lands under protective restrictions through the creation of and participation in agricultural preservation districts and the sale of development rights. It is the purpose and intent of the General Assembly to provide for the creation of permanent agricultural areas comprised of viable farmlands and forestlands to serve the long-term needs of the agricultural community and the citizens of the State. It shall be a priority to create agricultural preservation districts and purchase development rights in those areas located near and adjacent to designated growth zones. 68 Del. Laws, c. 118, §  2;  71 Del. Laws, c. 378, §  93;
3 DE Code § 902. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 9. Delaware Agricultural Lands Preservation Act|Subchapter I. Establishment of Foundation, Advisory Boards and Fund|§ 902. Definitions.

§ 902. Definitions. The following terms shall have the meanings ascribed to them in this chapter:  (1) “Advisory Board” or “Advisory Boards” means the Farmland Preservation Advisory Boards established and appointed by the respective legislative bodies of each county. (2) “Agricultural lands” means farmlands and forestlands. (3) “Agricultural use” means all forms of farming, including agriculture, horticulture, aquaculture, silviculture and activities devoted to the production for sale of food and other products useful to humans which are grown, raised or harvested on lands and waters. (4) “Agricultural value” means the value of the land when subject to the District restrictions set forth in § 909 of this title and the requirements imposed under § 914(a)(2) of this title. (5) “County” means New Castle County, Kent County and Sussex County as referenced. (6) “Forestlands” means a contiguous area of trees or forest cover at least 10 acres in size which is capable of being timbered and reforested as determined by the State Forester. (7) “Forestland preservation agreement” means an agreement executed by an owner or owners creating a forestland preservation area and binding forestlands to forestland preservation area restrictions for a period of 10 years and any extended period. (8) “Forestland preservation easement” means the perpetual easement acquired by the Foundation on forestlands. (9) “Foundation” means the Delaware Agricultural Lands Preservation Foundation. (10) “Fund” means the Delaware Farmland Preservation Fund. (11) “Growth zone” means the areas designated by the Foundation recognizing planned future development. (12) “LESA” means the Land Evaluation and Site Assessment system adopted by the Department of Agriculture to determine the quality of farmland and forestland and the long-term agricultural viability of such lands. (13) “Owner” or “owners” means the person or persons holding fee simple title to farmlands and/or forestlands. (14) “Person” or “persons” means any individual or individuals, partnership, joint venture, corporation, association, trust, institution, cooperative enterprise or duly established legal entity capable of holding title to real property in the State. (15) “Preservation easement” means perpetual agricultural land preservation easements acquired by the Foundation. (16) “Professional forester” means an individual who possesses at least a bachelor's degree in forestry or a closely related field. (17) “Unimproved land” means the open space, the area of land under structures used for agricultural purposes and the land under lakes, dams, ponds, streams and irrigation ditches, but shall not include the land used for dwelling housing. (18) “Usable” means available and capable of being used for agricultural, horticultural, aquacultural and forestry production activities.68 Del. Laws, c. 118, §  2;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 378, §  94;  75 Del. Laws, c. 201, §  1;
3 DE Code § 905. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 9. Delaware Agricultural Lands Preservation Act|Subchapter I. Establishment of Foundation, Advisory Boards and Fund|§ 905. Delaware Farmland Preservation Fund.

§ 905. Delaware Farmland Preservation Fund. (a) The Delaware Farmland Preservation Fund is created and shall be maintained, administered, operated and supervised by the Foundation to implement the provisions of this chapter. (b) All moneys received by the Foundation or designated for deposit into the Fund shall be placed in such accounts established by and for the use of the Foundation. To the extent moneys in the Fund are not needed on a current basis, the Foundation shall be entitled to invest such moneys on a long-term or short-term basis; provided, however, that the policies governing any such investment of moneys by the Foundation shall be subject to the approval of the Cash Management Policy Board. (c) All banks, bankers, trust companies, savings banks and other persons carrying on a banking business under the laws of the State are authorized to do business with the Foundation and to give security for the safekeeping and prompt payment of moneys of the Foundation deposited by it with them. The Foundation shall be entitled to establish such accounts as deemed appropriate for the conduct of its business. 68 Del. Laws, c. 118, §  2;
3 DE Code § 906. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 9. Delaware Agricultural Lands Preservation Act|Subchapter I. Establishment of Foundation, Advisory Boards and Fund|§ 906. Farmland Preservation Advisory Boards.

§ 906. Farmland Preservation Advisory Boards. (a) Each county legislative body shall establish a Farmland Preservation Advisory Board which shall consist of 4 active farmers or agribusinessmen residing within the county and 1 member of the county legislative body, who shall serve as the Chairperson of the Board. The members of such Board shall be appointed by the county legislative body. The members shall serve without salary, but the county legislative body may entitle each such member to reimbursement of his actual and necessary expenses incurred in the performance of official duties. A quorum of the Board for conducting business shall be 3 members and a majority vote of the quorum shall be necessary to take action on matters before the Board. (b) The Chairperson of the Board shall serve for an indefinite term and the 4 other members shall serve for terms of 4 years each; provided further, that Board members registered in either major political party shall not exceed the other major political party by more than 1. Any member of the Board may be reappointed for a succeeding term without limitations as to the number of terms served. (c) The Board shall advise the Foundation in relation to any regulations proposed for adoption by the Foundation. The Foundation shall provide a draft of proposed regulations to the Board at least 60 days in advance of the time that proposed regulations are released for public notice in order to allow for comment of the Board and possible amendment. The Board may request the Foundation to review any adopted regulation which the Board identifies as having an adverse effect on the furtherance of the purpose and intent of this chapter. Upon receipt of any such request, the Foundation shall submit in writing to the Board a response indicating the Foundation's position on the matter and the action, if any, which is contemplated in response to the request. (d) Whenever an application for establishment of an Agricultural Preservation District is received by the Foundation and the Foundation determines that the eligibility criteria have been satisfied, the Foundation shall submit the application to the Board for the county in which the proposed District is located for a recommendation. The Board shall act on an application by recommending in favor or against approval within 60 days of receipt of the application, and the Board may include reasons for its decisions. In the event that the Board fails to make its recommendation within the specified 60-day period, or if the Board is not duly established or constituted, the decision required of the Board under the Agricultural Preservation District application process as specified hereunder shall be deemed an approval. 68 Del. Laws, c. 118, §  2;  70 Del. Laws, c. 186, §  1;
3 DE Code § 908. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 9. Delaware Agricultural Lands Preservation Act|Subchapter II. Agricultural Preservation Districts|§ 908. Criteria for eligibility and review.

§ 908. Criteria for eligibility and review. (a) In order to be considered eligible for inclusion in an Agricultural Preservation District, an application which qualifies under the requirements of § 907(a) or (d) of this title shall satisfy the following criteria:  (1) The owner or owners seeking inclusion of real property in the District shall hold fee simple title to such property; (2) The real property proposed for inclusion in the District shall have an agricultural zoning designation and shall not be subject to any major subdivision plan; (3) The real property shall consist of viable and productive farmlands and/or forestlands which meet the minimum LESA scoring requirements for eligibility established by the Foundation through adopted regulations; (4) The owner or owners of the real property proposed for inclusion in the District execute a declaration in recordable form committing to the District restrictions set forth in § 909 of this title; and (5) The real property proposed for inclusion in the District shall include all of the eligible real property located in the tax parcel or tax parcels subject to application, and no eligible real property shall be carved out or otherwise excluded from the application for establishment of an Agricultural Preservation District or the application to sell a preservation easement pursuant to subchapter III of this chapter. (b) In reviewing applications for establishment of an Agricultural Preservation District the Foundation, the Board and the Planning and Zoning Commission shall consider the following factors:  (1) The viability and productivity of the farmlands and/or forestlands based on the LESA scoring system; (2) The extent to which the farmlands and/or forestlands are being actively utilized for agricultural purposes; (3) The extent to which the long-term preservation of the farmlands and/or forestlands would be consistent with land use plans adopted after public hearing at state and county levels; (4) The potential for expansion of the District if established and compatibility with surrounding land uses; (5) The ancillary benefit of creating additional open space adjacent to existing established and protected open space; (6) The potential for acquisition of agricultural preservation easements under rating or ranking systems that may be adopted through regulations of the Foundation; (7) The socio-economic benefits derived from an agricultural and historic perspective as a result of inclusion of the farmlands and/or forestlands in an Agricultural Preservation District; and (8) Consistency with the statewide agricultural lands preservation strategy adopted pursuant to § 904(a)(3) of this title.68 Del. Laws, c. 118, §  2;  71 Del. Laws, c. 257, §  2;
3 DE Code § 910. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 9. Delaware Agricultural Lands Preservation Act|Subchapter II. Agricultural Preservation Districts|§ 910. Agricultural use protections.

§ 910. Agricultural use protections. (a) Normal agricultural uses and activities conducted in a lawful manner are preferred and priority uses and activities in Agricultural Preservation Districts. In order to establish and maintain a preference and priority for such normal agricultural uses and activities and avert and negate complaints arising from normal noise, dust, manure and other odors, the use of agricultural chemicals and nighttime farm operations, land use adjacent to Agricultural Preservation Districts shall be subject to the following restrictions:  (1) For any new subdivision development located in whole or in part within 300 feet of the boundary of an Agricultural Preservation District, the owner of the development shall provide in the deed restrictions and any leases or agreements of sale for any residential lot or dwelling unit the following notice:   “AGRICULTURAL PRESERVATION DISTRICT  This property is located in the vicinity of an established Agricultural Preservation District in which normal agricultural uses and activities have been afforded the highest priority use status. It can be anticipated that such agricultural uses and activities may now or in the future involve noise, dust, manure and other odors, the use of agricultural chemicals and nighttime farm operations. The use and enjoyment of this property is expressly conditioned on acceptance of any annoyance or inconvenience which may result from such normal agricultural uses and activities.” (2) For any new subdivision development located in whole or in part within 50 feet of the boundary of an Agricultural Preservation District, no improvement requiring an occupancy approval shall be constructed within 50 feet of the boundary of the Agricultural Preservation District. (b) Normal agricultural uses and activities conducted in accordance with good husbandry and best management practices in Agricultural Preservation Districts shall be deemed protected actions and not subject to any claim or complaint of nuisance, including any such claims under any existing or future county or municipal code or ordinance. In the event a formal complaint alleging nuisance related to normal agricultural uses and activities is filed against an owner of lands located in an Agricultural Preservation District, such owner, upon prevailing in any such action, shall be entitled to recover reasonably incurred costs and expenses related to the defense of any such action, including reasonable attorney's fees. 68 Del. Laws, c. 118, §  2;
3 DE Code § 911. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 9. Delaware Agricultural Lands Preservation Act|Subchapter II. Agricultural Preservation Districts|§ 911. District benefits.

§ 911. District benefits. (a) Owners of real property located in an Agricultural Preservation District shall, with respect to such real property, be entitled to the following benefits:  All unimproved land shall be exempt from:  (1) Taxation otherwise imposed under Chapter 83 of Title 9 and Chapter 19 of Title 14; provided, however, that the amount of tax relief shall nonetheless be determined for the unimproved lands under established valuation and assessment procedures and taxation related to tax ditches under Chapter 41 of Title 7 shall in no way be affected; (2) Taxation otherwise imposed under Chapter 54 of Title 30, and any county or municipal ordinance requiring payment of a realty transfer tax; provided, however, that the amount of tax relief shall nonetheless be determined and such tax relief shall be subject to recovery and placed in the Fund if within 5 years after the unimproved lands are released from a District pursuant to § 909(b) of this title, such unimproved lands are rezoned or subject to subdivision; and (3) Any ad valorem tax imposed by the State, a county, a municipality and any quasi-governmental body. (b) The Department of Natural Resources, Department of Finance, and the Board of Assessment and Recorder of Deeds for the respective counties shall coordinate, assist and cooperate with the Foundation to fully effectuate the applicable provisions of this chapter. (c) [Deleted.] 68 Del. Laws, c. 118, §  2;  70 Del. Laws, c. 51, §  1;  71 Del. Laws, c. 353, §  1;
3 DE Code § 913. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 9. Delaware Agricultural Lands Preservation Act|Subchapter III. Acquisition of Preservation Easements|§ 913. Acquisition of agricultural lands preservation easements.

§ 913. Acquisition of agricultural lands preservation easements. (a) The Foundation, subject to the availability of funds and compliance with the requirements of this subchapter, shall be entitled to acquire, maintain and enforce agricultural lands preservation easements for lands which are located in Agricultural Preservation Districts. The purchase of preservation easements by the Foundation is purely a discretionary function and the Foundation shall be under no obligation to purchase a preservation easement from any applicant. The Foundation may utilize such method or methods of payment for preservation easements as may be available. Upon acquisition of a preservation easement the lands subject to such easement shall form a permanent Agricultural Preservation District. The acquisition of a 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 be authorized to enter into installment purchase agreements and to execute all documents necessary or desirable thereto to qualify such agreements for exemption from federal or state taxation to the extent permitted by the tax laws. Pursuant to the installment purchase agreements, the Foundation shall acquire preservation easements, establish special accounts for each agreement from which principal and interest payments shall be made and deposit into such special accounts amounts necessary to fund the agreements. The special accounts may be administered by a bank, escrow agent or other qualified paying agent approved by the Foundation and the deposited funds may only be invested in a manner approved by the Secretary of Finance. The amounts to be paid under an agreement shall not exceed the amounts available from the special account related thereto, including earnings thereon. The Foundation may, under the terms of the agreement, impose on the seller through direct charge or installment payment reduction the costs associated with the agreement and the special account. The Foundation is authorized to use all funds appropriated to it to acquire preservation easements through installment purchase agreements. 68 Del. Laws, c. 118, §  2;  70 Del. Laws, c. 570, §  2[1];
3 DE Code § 914. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 9. Delaware Agricultural Lands Preservation Act|Subchapter III. Acquisition of Preservation Easements|§ 914. Criteria for eligibility and evaluation.

§ 914. Criteria for eligibility and evaluation. (a) In order for the Foundation to acquire an agricultural lands preservation easement it shall be required that:  (1) The grantor of the 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 § 909 of this title and such other terms and conditions as specified by the Foundation. (b) In reviewing applications for the conveyance of agricultural lands preservation easements the Foundation shall consider:  (1) The criteria set forth in § 908(b) of this title; and (2) The relative agricultural value of the lands and potential for conversion to nonagricultural use; and (3) 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 Foundation's appraised easement value. (c) The Foundation may adopt, after public hearing, a system for scoring, ranking and prioritizing consideration of applications submitted for the conveyance of agricultural lands preservation easements. Under any system adopted for consideration of applications submitted for the conveyance of agricultural lands preservation easements, the Foundation shall establish by regulation after public hearing means of creating a priority for acquisition of agricultural lands preservation easements in designated areas which are near or adjacent to growth zones, or border in part the growth zones. 68 Del. Laws, c. 118, §  2;  71 Del. Laws, c. 378, §  97;
3 DE Code § 915. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 9. Delaware Agricultural Lands Preservation Act|Subchapter III. Acquisition of Preservation Easements|§ 915. Procedure for acquisition easements.

§ 915. Procedure for acquisition easements. The Foundation shall adopt, after public hearing, a uniform procedure for acquiring agricultural lands preservation easements. The procedure adopted by the Foundation may incorporate bidding and/or negotiation as part of the procurement process. The Foundation shall be entitled to establish separate methods or incentives to facilitate the acquisition of agricultural lands preservation easements in designated areas which are near or adjacent to growth zones, or border in part the growth zones. 68 Del. Laws, c. 118, §  2;  71 Del. Laws, c. 378, §  96;