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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 [...] 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 [...] 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, [...] Jan. 18, 2010 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 [...] |
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Copyright Jonathan Bockian 2012 - All Rights Reserved |
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