Section 554.743. Review.

(1) In reviewing a termination application for a farmland development rights agreement or a designated open space development rights easement, the local governing body or the state land use agency shall consider the following:

(a)        That the agreement or easement imposes continuing economic inviability causing hardships through the prevention of necessary improvements to the land. Economic inviability consists of continued uneconomic operation because of the restrictions in the agreement or easement and not merely the existence of uses of the land that allow higher returns.

(b)     Other factors set forth in section 36111(1)(a) of the act.

(2)        In reviewing a termination application for a local open space development rights easement, the local governing body shall consider the following:

(a)      That the easement imposes continuing economic inviability causing hardships through the prevention of necessary improvements to the land. Economic inviability consists of continued uneconomic operation because of the restrictions in the easement and not merely the existence of uses of the land that allow higher returns.

(b)      Surrounding conditions or significant natural physical changes in the land which are generally irreversible in nature and permanently affect the land.

(3)        If a termination application is for a local open space development rights easement which was appealed to the state land use agency and concurred in by the legislature, the application shall be forwarded to the state land use agency for review and recommendation to the legislature for final determination.  The state land use agency shall consider the following:

(a)      That the easement imposes continuing economic inviability causing hardships through the prevention of necessary improvements to the land. Economic inviability consists of continued uneconomic operation because of the restrictions in the easement and not merely the existence of uses of the land that allow higher returns.

(b)      Surrounding conditions or significant natural physical changes in the land which are generally irreversible in nature and permanently affect the land.

(c)      That the property cited in the easement no longer bears significant importance to the public interest.

History: 1979 AC; 2013 AACS.