TITLE 42
State Affairs and Government

CHAPTER 42-82
Farmland Preservation Act

SECTION 42-82-2


§ 42-82-2 Definitions.

As used in this chapter, unless the context indicates a different meaning or intent:

(1) "Agricultural land" means any land in the state of five (5) contiguous acres or larger that is suitable for agriculture by reference to soil type, existing use for agricultural purposes and other criteria to be developed by the commission and may include adjacent pastures, ponds, natural drainage areas and other adjacent areas which the commission deems necessary for farm operations;

(2) "Agricultural lands preservation commission" or "commission" means the commission established pursuant to § 42-82-3;

(3) "Agricultural operation" means any individual, partnership or corporation that complies with §§ 44-27-3 and 2-1-22(j) and produces and distributes a commercial food, feed, fiber or horticultural product.

(4) "Cost," when used with reference to acquisition of development rights, means as of any particular date the cost subsequently incurred of purchasing the development rights, property rights and all other necessary expenses incident to planning, financing, and implementing the provisions of this chapter;

(5) "Development rights" means the rights of the fee simple owner to develop, construct on, divide, sell, lease, or otherwise change the property in such a way as to render the land unsuitable for agriculture; this includes the exercise of the owner's rights to sell or grant easements or rights of way, or to sell the mineral or water rights or other rights if by that exercise the use of the land as productive agricultural land is diminished; but does not include the rights of the owner to sell, lease, or otherwise improve the agricultural land to preserve, maintain, operate, or continue the land as agricultural land or all other customary rights and privileges of ownership, including the right to privacy. Specific restrictions to farm-related development shall be formulated by the commission for each parcel of land to which the development rights are purchased and appended to the covenant at the time of its making.

History of Section.
(P.L. 1981, ch. 229, § 1; P.L. 1994, ch. 132, § 1.)