§ C-11. Purchase of development rights—Procedure.

Each purchase of an agricultural conservation easement shall proceed as follows:

(a)

Identification of initial pool. .....From the list of parcels received under section C-10 of this appendix, the board shall designate the initial pool of parcels identified for agricultural conservation easements to be purchased.

(b)

Determining purchase price. .....The PACE committee shall be charged with determining a method of valuating properties for which applications are submitted. Such method shall be approved by the board. The valuation method shall be reviewed by the PACE committee biannually as provided for in section C-6 of this appendix. Any changes to the method of valuation shall be approved by the board.

(c)

Invitation to sell. .....The administrator, subsequent to approval by the PACE committee, shall invite the owner of each parcel included in the initial pool of parcels to sell to the county an agricultural conservation easement on that parcel for an amount based upon the appraised value of such agricultural 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 proposed 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 an agricultural conservation easement.

(d)

Offer to sell. .....Each owner who desires to sell and/or donate an agricultural 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 an agricultural conservation easement to the county of Isle of Wight, 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 appendix shall compel an owner to submit an offer to sell.

(e)

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

(f)

Agricultural conservation easement established. .....An agricultural conservation easement shall be established when the owner 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 Isle of Wight. A single agricultural conservation easement may be established for more than one (1) 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 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 C-10 (g) of this appendix.

(h)

Costs. .....If the board accepts an offer to sell an agricultural 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. (5-19-05.)