302 KAR 100:010.
Procedures for determining purchasing priority for agricultural conservation
easements or other property interests in agricultural lands.
RELATES TO: KRS
262.902, 262.904, 262.908
AUTHORITY: KRS 262.902, 262.908
AND CONFORMITY: KRS 262.908 requires the Purchase of Agricultural Conservation
Easement Board to implement a Purchase of Agricultural Conservation Easement
Program, including the development and promulgation of necessary administrative
regulations. KRS 262.908 requires the Purchase of Agricultural Conservation
Easement Corporation to establish fair, equitable, objective, nondiscriminatory
procedures for determining easement purchase priorities. KRS 262.908 also
requires that land is selected for purchase because it will make a significant
contribution to agricultural production.
Definitions. All terms used in this administrative regulation shall have the
meaning given them in KRS 262.900.
Section 2. A
farmland tract shall not be considered by the PACE Corporation for acquisition
as an agricultural conservation easement or other property interest unless the
land proposed for acquisition meets the following minimum criteria:
(1) The land is
a farm as defined by KRS 262.900.
(2) The land is
viable agricultural land as defined by KRS 262.900.
Section 3. The
PACE Corporation shall consider the following factors in evaluating eligible
lands for purchase:
(1) Soil type;
(2) Extent of
agricultural production in proximity to the farmland tract;
(3) Current use
of the farmland tract;
(4) Proximity of
the farmland tract to an agricultural conservation district;
(5) Size of
Vulnerability of the farmland tract to conversion to nonagricultural uses; and
(7) Any other
factors relevant to the use or potential use of the farmland tract for
Section 4. The
provisions this administrative regulation do not apply to the following
acquisitions of easements or other property interests by the Commonwealth.
made pursuant to KRS 262.904(4);
(2) Purchases of
an easement or other property interest from a nonprofit land conservation
organization or other qualified organization; or
(3) Donations of
lands to the Commonwealth by gift or bequest. (22 Ky.R. 423; eff. 10-11-95.)