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Maryland Court of Special Appeals, No. 0228, February 14, 2012: Revised decision holds the purchased non-perpetual agricultural preservation easement at issue does not create charitable trust in Maryland, but abutter has rebuttable presumption that it has standing to bring mandamus action regarding enforcement of the easement by a state entity. The decision issued February 14, 2012, revises [...] The Court’s opinion in this case was revised on February 14, 2012. A revised Digest post discussing the decision is [...] United States Bankruptcy Court, E. D. NY, No: 8-10-70231-478, May 20, 2010: Held a Debtor in a c. 11 bankruptcy proceeding may not sell its real property free and clear of a Development Rights restriction for agricultural preservation held by a county and town. The Debtor’s debtor-in-possession lender sought to have the property sold free and [...] The US Supreme Court denied certiorari January 10 in the case of Rocky Mountain Christian Church v Boulder County (reported here on May 25, 2010), a case decided by the United States Court Of Appeals Tenth Circuit, No. 09-1188, May 17, 2010, involving claims under the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA). [...] Court of Appeals of California, Fifth District, No. F058826, Filed November 29, 2010: Upholds the facial validity of the County’s Farmland Mitigation Program provision that conversion of farmland to residential development requires the grant of an agricultural conservation easement over an equivalent area of comparable farmland, with some exceptions. Stanislaus County adopted the Farmland Mitigation Program (FMP) [...] California, Sept. 30, 2010: “Gov. Arnold Schwarzenegger has signed … SB1142, by Sen. Pat Wiggins, D-Santa Rosa, which aims to expand the sources of grant money that the state can use to preserve farmland through easements. The bill allows the state to buy farmland-conservation easements that also require some environmental aim, like preservation of wildlife habitat. [...] Court of Special Appeals of Maryland, No. 1017, October 5, 2010: Sets aside the conveyance of a portion of land encumbered an agricultural preservation easement that was deeded without the prior approval of the easement holder; affirms that conveyance requires such prior approval. In 1999, owner Stitzel entered into an Agricultural Land Preservation District Agreement with the [...] Appellate Court of Illinois, Second District No. 2-09-0007 September 16, 2010: In this transmission line case, the Court held that the owners of a “centennial farm” on the proposed line’s location could not appeal the state’s refusal to take note of the historic landmark designation of their house because petitioners, in their application to the state [...] Superior Court of New Jersey, Appellate Division, No. A-5380-06T1, July 30, 2010: Held that an allegation of intentional nuisance is not sufficient to remove a private nuisance claim from the purview of the NJ Right to Farm Act (Act), N.J.S.A. 4:1C-1 to -10.4. Farmer Raub’s residential neighbors brought a nuisance action in Superior Court against Raub [...] Superior Court of California, No. Civ 482448, June 18, 2010: Trial court finds an unconstitutional taking in Commission’s requirement that plaintiff grant a perpetual agricultural easement for “active agricultural use” of 140 acres as a condition for a permit to build a house. The requirement failed the “essential nexus” test of Nollan v. California Coastal Commission, [...] SUPREME COURT OF NORTH DAKOTA, No. 20090199, May 13, 2010 Held that a corporation’s purchase of land violates the ban on corporate ownership of farmland if the predominant use and nature of the entire tract purchased is as farmland or ranchland, rejecting a determination of land use “acre-by-acre”. The purchaser, Crosslands, is a nonprofit corporation [...] Oregon’s Department of Land Conservation and Development (DLCD) adopted rules in January 2010 to implement the Oregon Transfer of Development Rights Pilot Program. A description of this initiative is available online from DLCD at http://www.oregon.gov/LCD/tdr_pilot_program.shtml. According to DCLD, “Transfer of development rights (TDR) programs are a voluntary, incentive-based and market-driven approach to preserve land and direct [...] Jan. 18, 2010 Superior Court of New Jersey Appellate Division, Docket No. A-1253-08T2, March 15, 2010 In an unpublished opinion the court held the New Jersey Agriculture Development Committee’s (SADC) denial of the Township’s application for reimbursement of a portion of the price paid to buy a certain farm property with the intention to preserve most of it as farmland [...] United States Tax Court, T.C. Memo. 2010-45, March 11, 2010 Although the petitioner-taxpayer lost in this case, the Tax Court agreed to apply the “substantial compliance doctrine” to the question of whether the petitioner complied with the requirements of sec. 1.170A-13, Income Tax Regs. regarding a non-cash charitable contribution. The court wrote, “Under the substantial compliance doctrine, [...] New Mexico Gov. Bill Richardson signed The Natural Heritage Conservation Act, SB 186. The Associated Press reported March 9, 2010, “[the] new law will allow the state to acquire conservation easements from farmers, ranchers and other landowners to ensure that the property is not developed.” The Act also establishes a fund that can attract federal [...] Howard County, Maryland, Agricultural Land Preservation Board approved a policy February 16, 2010, to allow, under certain conditions, properties encumbered by an agricultural land preservation easement to establish wetland mitigation for nontidal wetlands that were, or will be, lost due to regulated urban or agricultural activities. “To avoid incursions onto productive land, wetland restoration and/or [...] Appellants sought to enjoin the administrative proceedings brought against them by the City of New Orleans and the Vieux Carre Commission (“VCC”) for alleged violations of City historic district ordinances protecting the Vieux Carre District, contending that the City’s ordinances creating the body that adjudicates the alleged violations are unconstitutional and the enforcement of city code [...] |
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Copyright Jonathan Bockian 2012 - All Rights Reserved |
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