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A4752
ASSEMBLY, No. 4752
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED MARCH 19, 2026
Sponsored by:
Assemblyman� ALEX SAUICKIE
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
���� Authorizes counties and certain boards to acquire
unpreserved lands in agricultural development areas for use by agricultural
support businesses, and to sell or lease county-owned lands in such areas to
such businesses at reduced price.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning
the acquisition, sale, and lease, by
counties, of certain unpreserved lands situated in agricultural development
areas, and amending and supplementing P.L.1983, c.32 and Title 40A of the New
Jersey Statutes.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� Section 3 of P.L.1983,
c.32 (C.4:1C-13) is amended to read as follows:
���� 3.��� As used in
[
this act
]
P.L.1983,
c.32 (C.4:1C-11 et seq.) and P.L.��� , c.��� (C.������� ) (pending before the
Legislature as this bill)
:
���� a.� "Agricultural
development
[
areas
]
area
"
means
[
areas
]
any area
identified by a county agricultural development board pursuant to the
provisions of section 11 of
[
this
act
]
P.L.1983,
c.32 (C.4:1C-18)
and certified by the State Agriculture Development
Committee
[
;
]
.
���� b.� �"Agricultural
use" means the use of land for common farmsite activities, including but
not limited to: production, harvesting, storage, grading, packaging, processing
and the wholesale and retail marketing of crops, plants, animals and other related
commodities and the use and application of techniques and methods of soil
preparation and management, fertilization, weed, disease and pest control,
disposal of farm waste, irrigation, drainage and water management, and grazing
[
;
]
.
���� c.� "Board" means a
county agriculture development board established pursuant to section 7
of
P.L.1983, c.32 (C.4:1C-14),
or a subregional agricultural retention board
established pursuant to section 10 of
[
this
act;
]
P.L.1983,
c.32 (C.4:1C-17).
���� d.� "Committee"
means the State Agriculture Development Committee established pursuant to
section 4 of the "Right to Farm Act," P.L.1983, c.31 (C. 4:1C-4)
[
;
]
.
���� e. �� "Cost," as
used with respect to cost of fee simple absolute title, development easements
or soil and water conservation projects, includes, in addition to the usual
connotations thereof
[
,
]
; any
interest or discount on bonds;
the
cost of
bond
issuance
[
of bonds
]
; the cost of
inspection, appraisal, legal, financial, and other professional services,
estimates and advice; and the cost of organizational, administrative and other
work and services, including salaries, supplies, equipment and materials
necessary to administer
[
this
act;
]
P.L.1983,
c.32 (C.4:1C-11 et seq.).
���� f.���� "Development
easement" means an interest in land, less than fee simple absolute title
thereto, which enables the owner to develop the land for any nonagricultural
purpose as determined by the provisions of
[
this
act;
]
P.L.1983,
c.32 (C.4:1C-11 et seq.)
and any relevant rules or regulations promulgated
pursuant hereto
[
;
]
.
���� g.��� "Development
project" means any proposed construction or capital improvement for
nonagricultural purposes
[
;
]
.
���� h. �� "Farmland
preservation program" or "municipally approved farmland preservation
program"
[
(hereinafter
referred to as
]
or �
municipally approved program
[
)
]
�
means
any voluntary program,
[
the
]
established
pursuant to section 14 of P.L.1983, c.32 (C.4:1C-21), which has a
duration
of
[
which
is
]
at
least 8 years,
is
authorized by law enacted subsequent to the effective
date of the "Farmland Preservation Bond Act of 1981," P.L.1981,
c.276,
[
which
]
and
has
,
as its principal purpose
, ensuring both
the long-term
preservation of significant masses of reasonably contiguous agricultural land
within
an
agricultural development
[
areas
adopted
]
area designated
pursuant to
[
this
act
]
P.L.1983,
c.32 (C.4:1C-11 et seq.)
and the maintenance and support of increased
agricultural production as the first priority use of that land.
[
Any
municipally approved program shall be established pursuant to section 14 of
this act;
]
���� i. ��� "Fund" means
the "Farmland Preservation Fund" created pursuant to the
"Farmland Preservation Bond Act of 1981," P.L.1981, c.276
[
;
]
.
���� j.���� "Governing
body" means, in the case of a county, the governing body of the county,
and in the case of a municipality, the commission, council, board or body, by
whatever name it may be known, having charge of the finances of the
municipality
[
;
]
.
���� k. �� "Secretary"
means the Secretary of Agriculture
[
;
]
.
���� l.���� "Soil and water
conservation project" means any project designed for the control and
prevention of soil erosion and sediment damages, the control of pollution on
agricultural lands, the impoundment, storage and management of water for
agricultural purposes, or the improved management of land and soils to achieve
maximum agricultural productivity
[
;
]
.
���� m.�� "Soil conservation
district" means a governmental subdivision of this State
, which is
organized in accordance with the provisions of R.S.4:24-1 et seq.
[
;
]
���� n. �� "Agricultural deed
restrictions for farmland preservation purposes"
or �agricultural deed
restrictions�
means a statement
[
containing
]
that
expresses
the conditions of the conveyance
[
and
]
,
the terms of the
restrictions set forth in P.L.1983, c.32
(C.4:1C-11 et seq.),
and
[
as
additionally determined
]
any other restrictions established
by the committee on the use and the
development of the land
, and
which
[
shall
be
]
statement
is
recorded with the deed in the same manner as
the deed was
originally recorded.
����
o.��� �Agricultural
support business� means a for-profit or not-for-profit business or enterprise,
including, but not limited to, one operated cooperatively by a collective group
of farmers, which supplies needed equipment, supplies, or services to the
surrounding agricultural community and, thereby, has a direct and positive
impact on agriculture.� �Agricultural support business� includes, but is not
limited to:� a veterinary practice and any other type of practice, shop, store,
or facility that supplies necessary food, temporary shelter, or medical care or
support for farm animals; any shop, store, or other facility that supplies
seeds, fertilizers, agricultural tools or equipment, or agricultural vehicles
or machinery to the surrounding agricultural community; any practice, shop,
store, garage, or other facility that engages in the repair or servicing of
tractors or other agricultural vehicles, equipment, tools, or machinery; any
tack shop, store, or other facility that sells equestrian supplies, apparel,
equipment, horse care products, grooming supplies, horse blankets and sheets,
model horses, or equine-related books, magazines, and videos; any shop, store,
or other facility that sells or provides storage for natural or synthetic
agricultural chemicals or other substances that are used to protect, or to promote
the growth of, plants or animals, including, but not limited to, fertilizers,
pesticides, herbicides, growth regulators, animal feed supplements, urea,
animal vaccines or antibiotics, or raw materials used in agriculture-related
chemical processes; and any auction house or other facility that is used to
temporarily house, showcase, or sell produce or livestock being offered for
sale at auction.
����
p.��� �Preserved farmland�
means land on which agricultural deed restrictions have been imposed, or on
which a development easement has been conveyed to, or retained by, the
committee, a board, or a qualifying tax exempt nonprofit organization, pursuant
to the provisions of sections 17 or 24 of P.L.1983, c.32 (C.4:1C-24 or
C.4:1C-31), section 5 of P.L.1988, c.4 (C.4:1C-31.1), section 1 of P.L.1989,
c.28 (C.4:1C-38), section 1 of P.L.1999, c.180 (C.4:1C-43.1), sections 37
through 40 of P.L.1999, c.152 (C.13:8C-37 through C.13:8C-40), or any other
State law enacted for farmland preservation purposes.
����
q.��� �Unpreserved land�
means land that is not subject to any agricultural deed restrictions imposed,
or to any development easement conveyed or retained by the committee, or by a
board or qualifying tax exempt nonprofit organization, pursuant to the provisions
of sections 17 or 24 of P.L.1983, c.32 (C.4:1C-24 or C.4:1C-31), section 5 of
P.L.1988, c.4 (C.4:1C-31.1), section 1 of P.L.1989, c.28 (C.4:1C-38), section 1
of P.L.1999, c.180 (C.4:1C-43.1), sections 37 through 40 of P.L.1999, c.152
(C.13:8C-37 through C.13:8C-40), or any other State law enacted for farmland
preservation purposes.
(cf:� P.L.1988, c.4, s.1)
���� 2.��� Section 8 of P.L.1983,
c.32 (C.4:1C-15) is amended to read as follows:
���� 8.��� Every board shall:
���� a.����
[
Develop
]
develop
and adopt, after public hearings, agricultural retention and development
programs, which shall have as their principal purpose the long-term
encouragement of the agricultural business climate and the preservation of
agricultural land in the county;
���� b.���
[
Establish
]
establish
the minimum acreage of significant masses of reasonably contiguous land
required for the creation of a municipally approved program or other farmland
preservation programs;
���� c.����
[
Establish
]
establish
minimum standards for the inclusion of land in a municipally approved program
or other farmland preservation programs;
���� d.���
[
Review
]
review
and approve, conditionally approve
,
or disapprove petitions for the
formation of a municipally approved program or other farmland preservation
programs, and monitor the operations thereof;
���� e.����
[
Review
]
review
and approve, conditionally approve
,
or disapprove, prior to any
applications to the committee, any request for financial assistance authorized
by
[
this
act
]
P.L.1983,
c.32 (C.4:1C-11 et seq.)
;
���� f.����
[
Monitor
]
monitor
and make appropriate recommendations to the committee
,
and to county and
municipal governing bodies and boards
,
with respect to resolutions,
ordinances, regulations and development approvals which would threaten the
continued viability of agricultural activities and farmland preservation
programs within agricultural development areas;
���� g.���
[
At
]
at
the
request of a municipality, require that any person proposing any
nonagricultural development in an agricultural development area prepare and
submit a statement as to the potential impact the proposed development would
have on agricultural activities in the area
; and
����
h.� make appropriate
recommendations to the governing body of the county, upon request, or at any
other time deemed by the board to be appropriate, with respect to the county�s
acquisition, sale, and lease, pursuant to P.L.��� , c.��� (C.������� ) (pending
before the Legislature as this bill), of unpreserved land in an agriculture
development area for use by an agricultural support business; take appropriate
action to monitor and enforce the compliance of agricultural support businesses
with any deed or lease restrictions imposed pursuant to section 5 or 6 of P.L. , c. (C. or C. ) (pending
before the Legislature as this bill), as the case may be, in association with
their purchase or lease of unpreserved land in an agricultural development
area; and, as authorized and directed by the county governing body, and using
funds allocated thereby as necessary, facilitate the transactions and execute
the agreements necessary to effectuate, on the county�s behalf, the
acquisition, sale, and lease of unpreserved land in an agricultural development
area for the purposes of P.L. , c. (C. ) (pending
before the Legislature as this bill)
.
(cf:� P.L.1983, c.32, s.8)
���� 3.��� (New section) a.� Notwithstanding
the provisions of P.L.1983, c.32 (C.4:1C-11 et seq.), P.L.1971, c.199
(C.40A:12-1 et seq.), or any other law, rule, or regulation to the contrary, if
an agriculture development area includes any parcel of land that is not subject
to a development easement conveyed, or to agricultural deed restrictions
imposed, for farmland preservation purposes, and the governing body of the
county, or the board, determines that the use of such unpreserved land by an
agricultural support business would benefit and promote the long-term viability
of agricultural operations in the agriculture development area, including on
preserved farmlands situated therein, and would, thereby, facilitate and
enhance the preferred use of the area for agriculture, the governing body, or
the board, acting upon the direction of, and with funds allocated by, the
governing body, may acquire fee simple title to the unpreserved land for the
purposes of selling or leasing such land to an agricultural support business in
accordance with the provisions of sections 5 and 6 of P.L.��� , c.���
(C.������� and C.�������� ) (pending before the Legislature as this bill).�
���� b.��� Notwithstanding any
provision of this section, or of any other provision of law, rule, or
regulation to the contrary, land acquired for the purposes of this section
shall not be acquired through the exercise of eminent domain, pursuant to the
�Eminent Domain Act of 1971,� P.L.1971, c.361 (C.20:3-1 et seq.), or through
condemnation proceedings, but may be acquired through purchase, gift, devise,
exchange, or other appropriate means, as authorized by resolution of the
governing body, adopted pursuant to the �Local Lands and Buildings Law,�
P.L.1971, c.199 (C.40A:12-1 et seq.).
���� c.���� A county governing
body or board may establish one or more agricultural support working groups,
composed of farmers, agricultural support business owners or operators, and
appropriate agricultural and environmental experts, to advise the governing
body or board, as the case may be, on the appropriateness of land acquisitions
being considered, proposed, or effectuated pursuant to this section.� The
governing body or board may authorize any such agricultural support working
group to:�
���� (1)�� study, and provide its
findings and recommendations to the governing body or board regarding, the
feasibility, need for, and appropriateness of acquiring land in an agriculture
development area for the purposes authorized by subsection a. of this section;
���� (2)�� identify particular
parcels of land in an agriculture development area, the use of which by an
agricultural support business would be most consistent with, and would best
facilitate, current and future agricultural activities in the agriculture
development area, including on preserved farmlands situated therein; and
���� (3)�� undertake any other
reviews, or engage in other investigatory and deliberative actions, as may be
necessary to facilitate the determinations required pursuant to subsection a.
of this section.
���� 4.��� Section 14 of P.L.1971,
c.199 (C.40A:12-14) is amended to read as follows:
���� 14.� Any county or
municipality may lease any real property, capital improvement
,
or
personal property not needed for public use as set forth in the resolution or
ordinance authorizing the lease, other than county or municipal real property
otherwise dedicated or restricted pursuant to law, and except as otherwise
provided by law, all such leases shall be made in the manner provided by this
section.
���� (a)�� In the case of a lease
to a private person, except for a lease to a private person for a public
purpose as provided in subsection (j) of section 15 of P.L.1971, c.199
(C.40A:12-15)
,
or for agricultural or horticultural use as provided in
section 2 of P.L.2006, c.52 (C.40A:12-14.1),
[
said
]
or for use
by an agricultural support business as provided in section 6 of P.L.��� , c.���
(C.������� ) (pending before the Legislature as this bill), the
lease shall
be made to the highest bidder by open public bidding at auction or by
submission of sealed bids.� Advertisement of the method of bidding shall be
published in a newspaper circulating in the municipality or municipalities in
which the leasehold is situated by two insertions at least once a week during
two consecutive weeks; the lease publication to be not earlier than seven days
prior to the letting of the lease.� The governing body may, by resolution, fix
a minimum rental with the reservation of the right to reject all bids where the
highest bid is not accepted.� Notice of such reservation shall be included in
the advertisement of the letting of the lease and public notice thereof shall
be given of the time of the letting of the lease.� Such resolution may provide
that upon the completion of the bidding, the highest bid may be accepted or all
of the bids may be rejected.� It shall also set out the conditions,
restrictions
,
and limitations upon the tenancy subject to the lease.�
Acceptance or rejection of the bid or bids shall be made not later than at the
second regular meeting of the governing body following the completion of the
bidding, and, if the governing body shall not so accept such highest bid, or
reject all bids, said bids shall be deemed to have been rejected.� Any such
award may be adjourned at the time advertised for not more than one week
without readvertising.
���� (b)�� In the case of a lease
to a public body, the lease may be upon such terms and conditions and for
nominal or other consideration as the governing body of the county or
municipality shall approve by ordinance or resolution.
���� (c)�� In the case of a lease
to a nonprofit corporation or association for a public purpose, the lease shall
be authorized by resolution, in the case of a county, or by ordinance, in the
case of a municipality, and may be for nominal or other consideration.
[
Said
]
The
authorization shall include the nominal or other consideration for the lease;
the name of the corporation or corporations who shall be the lessees; the
public purpose served by the lessee; the number of persons benefiting from the
public purpose served by the lessee, whether within or without the municipality
in which the leasehold is located; the term of the lease, and the officer,
employee or agency responsible for enforcement of the conditions of the lease.�
[
Said
]
The
ordinance or resolution shall also require any nonprofit corporation holding a
lease for a public purpose pursuant to this section, to annually submit a
report to the officer, employee
,
or agency designated by the governing
body, setting out the use to which the leasehold was put during each year, the
activities of the lessee undertaken in furtherance of the public purpose for
which the leasehold was granted; the approximate value or cost, if any, of such
activities in furtherance of such purpose; and an affirmation of the continued
tax-exempt status of the nonprofit corporation pursuant to both State and
federal law.
���� (d)�� In the case of a lease
to a housing corporation or resident first-time homebuyer for the public
purposes, and pursuant to the provisions of P.L.1983, c.335 (C.55:18-1 et
seq.), the lease shall be authorized by ordinance by a municipality.
(cf:� P.L.2003, c.52, s.1)
���� 5.��� (New section)� a.�
Notwithstanding any provision of law to the contrary, whenever a county
acquires unpreserved land in an agriculture development area, as authorized by
section 3 of P.L. , c. (C. ) (pending
before the Legislature as this bill), or the governing body determines that
unpreserved land currently owned by the county in an agriculture development
area, with or without improvements, is no longer needed for county purposes,
the county may, by resolution, authorize the private sale and conveyance of
such unpreserved land, or any part thereof, to an agriculture support business
for such consideration as shall be mutually agreed upon, including for
consideration that is less than the fair market value of the land, provided
that the agreement of sale contains express restrictions, which are recorded in
the deed, and which:�
���� (1)�� require the land, and
any improvements thereon, to be used exclusively, by the buyer, for purposes of
the agricultural support business;
���� (2)�� provide for the fee
simple title to revert to the county upon any violation of the agreement�s use
restrictions by the buyer and following the provision of written notice thereof
to the buyer and any associated hearing on the matter, which may be requested
by the buyer within 30 days after receipt of the written notice of violation;
and
���� (3)�� specify that, in any
case involving the future sale of the property, the county shall have the right
of first refusal to adopt and accept the terms and conditions of the proposed
purchase agreement.
���� b.��� A private sale or
conveyance of unpreserved land in an agriculture development area, authorized
by resolution adopted pursuant to this section, may be effectuated either by
the governing body of the county or by the appropriate board, as specified in
the resolution.
���� c. �� As used in this section,
�agriculture development area,� �agricultural support business,� �board,� and
�unpreserved land� mean the same as those terms are defined in section 3 of
P.L.1983, c.32 (C.4:1C-13).
���� 6.��� (New section)� a. �Notwithstanding
any provision of law to the contrary, whenever a county acquires fee simple
title to unpreserved land in an agriculture development area, as authorized by
section 3 of P.L.��� , c.��� (C.������� ) (pending before the Legislature as
this bill), or the governing body determines that unpreserved land previously
acquired and owned by the county in an agriculture development area, with or
without improvements, is no longer needed for county purposes, the county may,
by resolution, authorize the lease of such unpreserved land, or any part
thereof, to an agriculture support business for such period, consideration, and
other terms and conditions as shall be mutually agreed upon, including for
consideration that is less than the going lease rate for similarly situated
properties, provided that the lease agreement contains express restrictions
that:�
���� (1)�� require the land, and
any improvements thereon, to be used, by the lessee, exclusively for purposes
of the agricultural support business;
���� (2)�� provide for the lease
agreement to be subject to immediate termination upon any violation of the
lease�s use restrictions and following the provision of written notice thereof
to the lessee and any associated hearing on the matter, which may be requested
by the lessee within 30 days after receipt of the written notice of violation;
and
���� (3)�� prohibit the lessee from
assigning or transferring the lease to any other person without the prior
consent and approval of the lessor county or board.�
���� b. �� The leasing of
unpreserved land in an agriculture development area, authorized by resolution
adopted pursuant to this section, may be effectuated either by the governing
body of the county or by the appropriate board, as specified in the resolution.
���� c.���� As used in this
section, �agriculture development area,� �agricultural support business,�
�board,� and �unpreserved land� mean the same as those terms are defined in
section 3 of P.L.1983, c.32 (C.4:1C-13).
���� 7.��� This act shall take
effect immediately.
STATEMENT
���� This bill would authorize a
county governing body, or the appropriate county or subregional agriculture
development board (board), as directed by the county governing body, to acquire
fee simple title to, and to sell or lease, certain lands situated in an
agricultural development area for use by an agricultural support business.� �Agricultural
support business� is defined, by the bill, to mean a for-profit or
not-for-profit business or enterprise, including, but not limited to, one
operated cooperatively by a collective group of farmers, which supplies needed
equipment, supplies, or services to the surrounding agricultural community and,
thereby, has a direct and positive impact on agriculture.� The term would
include, but not be limited to, the following types of businesses or
enterprises: a veterinary practice and any other type of practice, shop, store,
or facility that supplies necessary food, temporary shelter, or medical care or
support for farm animals; any shop, store, or other facility that supplies
seeds, fertilizers, agricultural tools or equipment, or agricultural vehicles
or machinery to the surrounding agricultural community; any practice, shop, store,
garage, or other facility that engages in the repair or servicing of tractors
or other agricultural vehicles, equipment, tools, or machinery; any tack shop,
store, or other facility that sells equestrian supplies, apparel, equipment,
horse care products, grooming supplies, horse blankets and sheets, model
horses, or equine-related books, magazines, and videos; any shop, store, or
other facility that sells or provides storage for natural or synthetic
agricultural chemicals or other substances that are used to protect, or promote
the growth of, plants or animals, including, but not limited to, fertilizers,
pesticides, herbicides, growth regulators, animal feed supplements, urea,
animal vaccines or antibiotics, or raw materials used in agriculture-related
chemical processes; and any auction house or other facility that is used to
temporarily house, showcase, or sell produce or livestock being offered for
sale at auction.
���� Under the bill�s provisions, a
county would be authorized to acquire unpreserved land in an agricultural
development area, for use by an agricultural support business, so long as the
land so acquired does not constitute preserved farmland (i.e., is not subject
to a development easement conveyed, or to agricultural deed restrictions
imposed, for farmland preservation purposes), and the governing body of the
county, or the appropriate board, determines that the use of such land by an
agricultural support business would benefit and promote the long-term viability
of agricultural operations being undertaken in the agriculture development
area, including on preserved farmlands situated therein, and would, thereby,
facilitate and enhance the preferred use of the area for agriculture.� The
acquisition of land, by a county, for these purposes, may not be effectuated
through the exercise of eminent domain, or through condemnation proceedings,
but is to be effectuated through purchase, gift, devise, exchange, or other appropriate
means, as authorized by resolution of the governing body, adopted pursuant to
the �Local Lands and Buildings Law,� P.L.1971, c.199 (C.40A:12-1 et seq.).
���� The bill would authorize a
county governing body or board to establish one or more agricultural support
working groups, composed of farmers, agricultural support business owners or
operators, and appropriate agricultural and environmental experts, to advise
the governing body or board regarding the appropriateness of land acquisitions
being considered, proposed, or effectuated pursuant to the bill.� Any such
agricultural support working group may be authorized to: (1) study, and provide
the governing body or board with its findings and recommendations regarding,
the feasibility, need for, and appropriateness of acquiring land in an
agriculture development area for use by an agricultural support business; (2)
identify particular parcels of land in an agriculture development area, the use
of which by an agricultural support business would be most consistent with, and
would best facilitate, current and future agricultural activities being
undertaken in the agriculture development area; and (3) undertake any other
reviews, or engage in other investigatory and deliberative actions, as may be
necessary to facilitate the requisite determinations being made by the
governing body or board with respect to the acquisition of land under the bill.
���� The bill would further provide
that, whenever a county acquires unpreserved land in an agriculture development
area, for the bill�s purposes, or whenever the governing body determines that
unpreserved land currently owned by the county in an agriculture development
area, with or without improvements, is no longer needed for county purposes,
the county may, by resolution, authorize the private sale and conveyance of
such unpreserved land, or any part thereof, to an agriculture support business
for such consideration as may be mutually agreed upon, including for
consideration that is less than the fair market value of the land, provided
that the agreement of sale contains express restrictions, which are recorded in
the deed, and which: (1) require the land, and any improvements thereon, to be
used exclusively, by the buyer, for purposes of the agricultural support
business; (2) provide for the fee simple title to revert to the county upon any
violation of the agreement�s use restrictions by the buyer and following the
provision of written notice thereof to the buyer and any associated hearing on
the matter, which may be requested by the buyer within 30 days after receipt of
the written notice of violation; and (3) specify that, in any case involving
the future sale of the property, the county is to have the right of first
refusal to adopt and accept the terms and conditions of the proposed purchase
agreement.
���� The bill would also enable a
county, by resolution, to authorize the lease of such unpreserved land, or any
part thereof, to an agriculture support business for such period,
consideration, and other terms and conditions as may be mutually agreed upon,
including for consideration that is less than the going lease rate for
similarly situated properties, provided that the lease agreement contains
express restrictions that: (1) require the land, and any improvements thereon,
to be used, by the lessee, exclusively for purposes of the agricultural support
business; (2) provide for the lease agreement to be subject to immediate
termination, for any violation of the lease�s use restrictions, following the
provision of written notice of the violation to the lessee and any associated
hearing on the matter, which may be requested by the lessee within 30 days
after receipt of the written notice of violation; and (3) prohibit the lessee
from assigning or transferring the lease to any other person without the prior
consent and approval of the lessor county or board.�
���� The acquisition, sale, or
lease of unpreserved land in an agriculture development area, which is
undertaken for the bill�s purposes, may be effectuated either by the county
governing body or by the appropriate board, on the governing body�s behalf, as
directed by the governing body.� Each board would additionally be required to
make appropriate recommendations to the governing body of the county regarding
the county�s acquisition, resale, and lease of unpreserved land in an
agricultural development area, and undertake appropriate action to monitor and
enforce the compliance of agricultural support businesses with the deed or
lease restrictions that are imposed, pursuant to the bill, in association with
their purchase or lease of unpreserved land in an agricultural development
area.
���� The availability and
accessibility of agricultural support businesses is essential and integral to
ensuring the ongoing viability and success of agricultural operations occurring
in the State, and the siting and operation of such businesses in agriculture
development areas, in accordance with the restrictions imposed by the bill,
would effectively compliment, and be fully consistent with, the preferred, but
non-exclusive, use of such areas for agriculture.