§ 82-11. Purchase of conservation easement.

Should the Authority desire to purchase an easement, the following procedures shall apply:

A. 

Identification of initial pool. For applications received under § 82-9, in which the owner has indicated a desire to sell an easement, the program administrator shall determine the number of points to be attributed to each parcel by applying the criteria set forth in § 82-7. The program administrator shall rank each parcel scoring at least 15 points with the parcel scoring the most points being the highest ranked and descending therefrom. The program administrator shall submit the list of ranked parcels to the Authority. The Authority shall designate the initial pool of parcels identified for conservation easements to be purchased. The purchase price may be supplemented by non-County funding as discussed in § 82-7F above. The size of the pool shall be based upon the funds available for easement purchases in the current fiscal year.

B. 

Additional application information required by program administrator. The program administrator may require an owner to provide additional information deemed necessary to determine whether the proposed easement is eligible for purchase and the purchase price of such easement.

C. 

Appraisal of conservation easement value. Each conservation easement identified by the Authority to be purchased shall be appraised either by the County's Assessor or by an independent qualified appraiser chosen by the Authority. Each completed appraisal shall be submitted to the program administrator and the owner. The program administrator shall forward each appraisal to the Authority, which shall review each appraisal.

D. 

Invitation of offer to sell. The Authority shall invite the owner of each parcel included in the initial pool of conservation easements to submit an offer to sell to the Authority a conservation easement on that parcel, subject to the terms and conditions of a proposed deed of easement. The invitation to sell shall be in writing and shall include the desired purchase price, the proposed deed of easement, and the date by which a written offer must be received by the program administrator in order to be considered. The invitation may contain an offer form to be returned if the owner desires to sell a conservation easement.

E. 

Offer to sell. Each owner who desires to sell a conservation easement shall submit a written offer that must be received by the program administrator by the date contained in the invitation to offer to sell. The offer should include a statement that substantially states the following: "(The owner) offers to sell a conservation easement to the Authority 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 offer." Nothing in this chapter shall compel an owner to submit an offer to sell.

F. 

Acceptance. Nothing in this chapter requires the Authority to accept an offer to sell a conservation easement.

G. 

Offers not made; offers not accepted; invitation to other owners. If an owner invited to submit an offer elects not to do so, or if his offer to sell is not accepted by Authority, then the Authority may send an invitation to offer to sell to other owners on the list.

H. 

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

I. 

Application. An owner for whose parcel a conservation easement is not purchased may reapply in any future year.

J. 

Special consideration. The Authority shall give special consideration and take immediate action to review applications in the special case where private funding is available to cover 100% of the cost of the purchase, or the owner is willing to donate the conservation easement at no cost to the County, provided that such parcel meets the eligibility requirements of this chapter.