Section 505-RICR-00-00-1.8 - Negotiation and Purchase of Development RightsA. The Commission shall maintain a list of farms that satisfactorily meet the scoring criteria, pending the negotiation for the sale of development rights. The Commission shall, not less than annually, review the list of farms eligible for the purchase of development rights and evaluate the following factors for each farm. The Commission shall rank each of the following factors as being low, medium, or high.3. How the purchase of development rights would contribute to maintaining geographic diversity in the protection of farmland4. How the purchase of development rights would contribute to the creation of open space or agricultural corridors5. How the purchase of development rights would contribute to maintaining a mix of farm types6. The potential cost of development rights7. Funding partnership opportunities B. As additional farms are scored and qualified for the purchase of development rights, the Commission shall add them to the list within sixty (60) days of their scoring.C. Negotiations may be initiated at any time, either at the request of an applicant or by the Commission. Prior to the start of negotiations, the Commission shall consider the factors listed in § 1.8(A) of this Part and must determine if there have been any significant changes to the agricultural operation, land, or information provided in the application since its original acceptance. If substantial changes have occurred, the Commission must decide whether to proceed with negotiations or rescore the application. All applicants selected for negotiation shall be in writing.D. The Commission shall either authorize its staff to conduct the negotiation or appoint a Negotiating Committee consisting of at least one Commissioner and one staff member to negotiate with the owner(s) of the property or with the authorized representative of the owner(s) and any funding partners that wish to participate.E. The negotiation shall ensure that an agreement accomplishes the purposes of the Act and that it incorporates any provisions or considerations specified by the Commission. The Commission may require, where appropriate, that a written conservation plan or water quality plan be developed and implemented for the land as a condition of purchase.F. The price and/or other consideration to be exchanged for the development rights shall be based upon an approved Appraisal of the fair market value of the development rights. This consideration shall be made a part of the purchase and sales agreement. No purchase and sale agreement shall be concluded or adopted by the Commission until the value of the Development Rights has been determined by Appraisal and the Appraisal has been reviewed and approved by Department of Environmental Management staff. The Commission is authorized to accept donations and offers for the purchase of the development rights at less than the appraised value. The Commission recognizes that potential funding partners may wish to consider and negotiate for other factors in addition to development rights.G. Upon reaching a tentative agreement, a proposed purchase and sales agreement, baseline documentation following standards set by the Commission, including an enumeration of easements, rights-of-way, or other legally defined limits on the property, and photographic documentation shall be prepared and submitted to the Commission for approval. If an agreement cannot be concluded, the Negotiation Committee or staff shall so report to the Commission.H. The Commission shall review each proposed purchase and sales agreement and each proposed deed to development rights containing a standard covenant and such additions or amendments as are appropriate to the property in question, and shall approve or disapprove the execution of the Contract by majority vote of the members present at a properly convened meeting.I. Upon approval by the Commission and the State Properties Committee, the deed and covenant shall be executed by the Chairperson of the Commission, or by another member of the Commission as designated by the Chairperson, and by the owner. The deed and covenant shall be recorded in the land evidence records of the city or town in which the property is located.505 R.I. Code R. 505-RICR-00-00-1.8
Amended effective 6/12/2019