§ 5.5-37. Purchase of development rights procedure.

Each purchase of a conservation easement shall proceed as follows:

(a)

Identification of initial pool. From the list of parcels received under section 5.5-36, the board shall designate the initial pool of parcels identified for conservation easements to be purchased.

(b)

Determining purchase price. Negotiations with the property owners regarding the easement terms shall be coordinated by the administrator. Upon completion of these negotiations, the administrator shall arrange for an appraisal of the properties by the commissioner of revenue or an independent appraiser. Each completed appraisal shall be submitted to the administrator. The results of the appraisal shall be reviewed by the appraisal review committee which shall review and approve each appraisal. Final approved appraisal results shall be provided to the PDR committee and the administrator.

(c)

Invitation to sell. The county administrator shall invite the owner of each parcel included in the initial pool of parcels to sell to the county a conservation easement on that parcel for an amount based upon the appraised value of such conservation easement, subject to the terms and conditions of a proposed deed of easement. The invitation to sell shall be in writing and shall include the purchase price, the proposed deed of easement, and the date by which a written offer must be received by the administrator in order to be accepted. The invitation may contain a form offer to be returned by the owner if the owner desires to sell a conservation easement.

(d)

Offer to sell. Each owner who desires to sell and/or donate a conservation easement shall submit a written offer that must be received by the administrator by the date contained in the invitation to sell. The offer should include a statement that substantially states the following: "(The owner) offers to sell and/or donate a conservation easement to the County of Franklin, Virginia for the sum of (purchase price), subject to the terms and conditions set forth in the proposed deed of easement enclosed with the invitation to sell." Nothing in this chapter shall compel an owner to submit an offer to sell.

(e)

Acceptance. An offer to sell a conservation easement shall be accepted by the board in writing, following an action by the board authorizing acceptance.

(f)

Conservation easement established. A conservation easement shall be established when all of the owners and an authorized representative of the holder of the easement have each signed the deed of easement. The deed shall be recorded in the office of the clerk of the circuit court of the County of Franklin. A single conservation easement may be established for more than one parcel under the same ownership.

(g)

Offers not made; offers not accepted; invitation to other owners. If an owner invited to sell elects not to do so, or if the offer to sell is not accepted by the board, then the county administrator may send an invitation to sell to the owner(s) of the next highest prioritized parcel(s) remaining on the list of parcels identified in section 5.5-36(g).

(h)

Costs. If the board accepts an offer to sell a conservation easement, the county shall pay the grantor's tax, if any, and the county may pay all other costs, including environmental site assessments, surveys, recording costs, if any, and other charges associated with closing. However, the county shall not pay expenses or fees incurred by the property owner for independent appraisals or legal, financial, or other advice, or expenses or fees in connection with the release and subordination of liens to the easement purchased by the county.

(Ord. of 9-25-07)

(Ord. of 9-25-07)