Oregon Transfer of Development Rights Pilot Program Rules

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 [...]

NJ Right to Farm Act Amended for Renewable Energy Facilities

Jan. 18, 2010
New Jersey amended its Right to Farm Act to allow for renewable energy facilities on preserved farmland. Chapter 213 of the Laws of 2009 encourages solar, wind and biomass facilities. According to an article on the website of Lowenstein Sandler PC, “The new law allows the owner of preserved farmland to construct and operate [...]

Township Of Bethlehem v New Jersey Agriculture Development Committee

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In an unpublished opinion the court held the New Jersey Agriculture Development Committee’s (SADC) denial of the Township’s application for reimbursement of a portion of the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 [...]

Friedman v Commissioner of Internal Revenue

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, [...]

NM governor signs bill for conservation easements

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 [...]

Maryland County Policy Allows Wetland Mitigation on Agricultural Preservation Easements

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 [...]

Apasra Properties, LLC and O'Reilly Properties, LLC v. City Of New Orleans And Vieux Carre Commission

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 [...]