§ C-12. Restriction on buy-back; extinguishment and exchange of easements.

(a)

Restriction on buy-back. .....The owner shall not have the option to reacquire any property rights relinquished under the agricultural conservation easement; except as provided hereafter, the deed of easement may allow an exchange of easements as follows:

(1)

Petition to board. .....Upon the expiration of twenty-five (25) years from the date on which an agricultural conservation easement was recorded, the owner or successor in interest to the property which is subject to the easement may petition the board for the extinguishment of such easement in exchange for the conveyance to the county of an agricultural conservation easement on a different parcel of property, meeting all of the eligibility requirements as set forth in section C-8 of this appendix.

(2)

Requirements. .....No such extinguishment and exchange of easement shall be authorized, unless a two-thirds (2/3) majority of the board finds that:

a.

The extinguishment and exchange is determined to be essential to the orderly development and growth of the county;

b.

The extinguishment and exchange is in accordance with the comprehensive plan for the county in effect at the time of the extinguishment and exchange;

c.

The extinguishment and exchange does not adversely affect the county's interests in accomplishing the purposes of this ordinance;

d.

There is substituted other real property which is (i) of at least equal fair market value and at least equal acreage; (ii) of greater value as permanent agricultural or forestry land than the land upon which the easement is extinguished; (iii) of as nearly as feasible equivalent usefulness and location for use as permanent open-space land as is the land upon which the easement is extinguished; and (iv) is in accordance with the Virginia Open-Space Land Act, (Virginia Code section 10.1-1700 et seq.); and

e.

Agriculture or forestry is no longer viable on the property.

(3)

Expenses. .....The petitioner shall bear all expenses and fees in connection with the exchange, including, but not limited to, purchase of the substituted easement, appraisal, site assessments, surveys, closing costs, recording fees and taxes, title search, and title insurance, if required. (5-19-05.)