§ 8.5-45. Revocation of conservation agreement; procedure.

Revocation by the landowner or the agricultural advisory board shall follow the procedures as prescribed below for the respective district type:

(a)

Voluntary agricultural district (VAD). By providing thirty (30) days advance written notice to the advisory board, a landowner of qualifying farmland within a VAD may request revocation of the conservation agreement or the advisory board may recommend revocation of the same conservation agreement based on noncompliance by the landowner, subject to the same provisions as contained in subsection 8.5-42(d) of this chapter. After review and decision by the board of commissioners such revocation shall result in loss of qualifying farm status and loss of eligibility to participate in a VAD. If the board of commissioners shall revoke this conservation agreement for cause, the landowner shall have the appeal rights set forth in subsection 8.5-42(d) of this chapter. Transfers of land in a VAD due to death of the landowner, sale or gift shall not revoke the conservation agreement unless the land no longer qualifies or, in the event that there are water or sewer assessments held in abeyance, the new owner(s) fails to agree in writing to accept liability for those assessments in the event that the land is withdrawn either voluntarily or involuntarily from the VAD. Enforcement of the terms of a conservation agreement for land enrolled in a VAD shall be limited to revocation of the conservation agreement and the benefits derived therefrom. A notice of revocation shall be recorded in the county land record system sufficient to provide notice that the land has been withdrawn from the voluntary agricultural district program.

(b)

Enhanced voluntary agricultural district (EVAD). Conservation agreements for land within EVAD are irrevocable for a period of ten (10) years. Enforcement of the terms of the conservation agreement may be through an action for injunctive relief and/or damages in any court of competent jurisdiction. The board of commissioners may also terminate any benefits to the owner under this program either permanently or during the period of violation, as appropriate. If the board of commissioners shall revoke this conservation agreement for cause, the landowner shall have the appeal rights set forth in subsection 8.5-42(d) of this chapter. The right to terminate program benefits is in addition to any legal rights that the county may have under either this chapter or the terms of the applicable conservation agreement. The county may seek costs of the action including reasonable attorney fees if such a provision is incorporated into the conservation agreement. A notice of revocation shall be recorded in the county land record system sufficient to provide notice that the land has been withdrawn from the enhanced voluntary agricultural district program.

(Amend. of 3-7-11; Amend. of 11-19-18)