(a) That the agreement or easement imposes continuing economic inviability causing
hardships through the prevention of necessary improvements to the land. Economic inviability
consists of continued uneconomic operation because of the restrictions in the agreement or
easement and not merely the existence of uses of the land that allow higher returns.
(b) Other factors set forth in section 36111(1)(a) of the act.
(2) In reviewing a termination application for a local open space development rights
easement, the local governing body shall consider the following:
(a) That the easement imposes continuing economic inviability causing hardships through
the prevention of necessary improvements to the land. Economic inviability consists of
continued uneconomic operation because of the restrictions in the easement and not merely the
existence of uses of the land that allow higher returns.
(b) Surrounding conditions or significant natural physical changes in the land which are
generally irreversible in nature and permanently affect the land.
(3) If a termination application is for a local open space development rights easement
which was appealed to the state land use agency and concurred in by the legislature, the
application shall be forwarded to the state land use agency for review and recommendation to the
legislature for final determination. The state land use agency shall consider the following:
(a) That the easement imposes continuing economic inviability causing hardships through
the prevention of necessary improvements to the land. Economic inviability consists of
continued uneconomic operation because of the restrictions in the easement and not merely the
existence of uses of the land that allow higher returns.
(b) Surrounding conditions or significant natural physical changes in the land which are
generally irreversible in nature and permanently affect the land.
(c) That the property cited in the easement no longer bears significant importance to the
public interest.
History: 1979 AC; 2013 AACS.
R 554.744 Approval or rejection.
Rule 44. (1) Approval or rejection of a termination application shall be by vote of the local
governing body.
(2) The vote may be taken at either a regularly scheduled meeting of the local governing
body or a special meeting called for the purpose of acting on the application. In each case the
applicant shall be notified in writing by the clerk at least 5 days prior to the meeting of the time
and place of the meeting.
(3) The clerk shall certify the results and date of the vote on the application.
(4) Within 10 days of the date the vote was taken, the clerk shall notify the applicant of the
local governing body's decision. If rejected the local governing body shall provide the applicant
with a written statement citing the reasons for rejection.
(5) A locally approved termination application for a farmland development rights
agreement or for a designated open space development rights easement, together with supporting
materials, shall be forwarded to the state land use agency within 10 days of the date of approval
by the local governing body.
(6) A copy of a locally approved termination application for a local open space
development rights easement, together with copies of the supporting materials, shall be
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