2-15-3318. (Temporary) Agricultural easement acquisition procedure -- enforcement. (1) Any interested landowner may seek to establish an agricultural easement under the provisions of 2-15-3312 through 2-15-3322.
     (2) Before an agricultural easement acquisition proposal may be considered for approval by the commission, an interested landowner shall file an application with the commission. The application must include:
     (a) the name of the title holder of the land;
     (b) a description of the land proposed for the agricultural easement acquisition;
     (c) the name of the qualified easement holder;
     (d) the total amount of compensation requested for the proposed agricultural easement;
     (e) the source and nature of nonstate funds, if applicable, including donations, grants, or gifts to be used for the agricultural easement acquisition;
     (f) a description of how the proposed agricultural easement meets the core values identified in 2-15-3315;
     (g) a description of which criteria specified in 2-15-3317 the proposed agricultural easement addresses; and
     (h) other noncriteria information that the commission determines is necessary to adequately process the request.
     (3) In addition to filing the application, an interested landowner and the qualified easement holder shall also submit to the commission:
     (a) the proposed easement document created pursuant to Title 76, chapter 6; and
     (b) if the qualified easement holder is a private, nonprofit organization:
     (i) notification that the state holds the second position on the easement agreement; and
     (ii) a statement outlining the specific duties of the qualified easement holder to the state.
     (4) For purposes of this section, holding the second position on an agricultural easement authorizes the state to enforce the agricultural easement provisions if the qualified easement holder fails to do so. (Terminates July 1, 2003--sec. 15, Ch. 456, L. 1999.)

     History: En. Sec. 8, Ch. 456, L. 1999.