262.900
Definitions for KRS 262.900 to 262.920.
(1)
As used in KRS 262.900 to 262.920, unless the context clearly indicates
otherwise:
(a)
"Agricultural conservation easement" or "easement" means an
interest in land,
less than fee simple, which represents the right to restrict
or prevent the
development or improvement of the land for purposes other
than agricultural
production. The easement may be granted by the owner of the
fee simple to
the Commonwealth or to a qualified organization described in
Section 170(c)
of the Internal Revenue Code. It may be granted in
perpetuity, as the
equivalent of the covenants running with the land.
(b)
"Agricultural district" means a land use category created by
voluntary
agreement between the Commonwealth and one (1) or more
landowners under
land is and will remain to be agriculture.
(c)
"Agricultural production" means the production for commercial
purposes of
crops, livestock and livestock products, and nursery and
greenhouse products,
including the processing or retail marketing of these crops,
livestock and
livestock products, and nursery and greenhouse products, if
more than fifty
percent (50%) of those processed or merchandised products
are produced by
the farm operator, and the raising and stabling of horses
for commercial
purposes.
(d)
"Applicant" means a person or qualified organization described in
Section
170(c)
of the Internal Revenue Code offering to sell to the PACE Corporation
under the PACE Program an easement on a tract of land which
is in or
available for agricultural use.
(e)
"ASCS" means the Agricultural Stabilization and Conservation Service
of the
United States Department of Agriculture.
(f)
"Bargain sale" means the sale of an easement by a landowner at a
price below
appraised market value, when a portion of the value of the
easement is
donated by the landowner in a properly executed document as
a charitable
contribution to a qualified organization described in
Section 170(c) of the
Internal Revenue Code.
(g)
"Capability class" means a group of soils that have similar
characteristics
when used for field crop production.
(h)
"Comparable sales" means market sales of similar land. In locating
comparable sales, first priority shall be given to parcels
located in the same
general vicinity. The second priority shall be given to
farms located in other
areas.
(i) "Conservation plan" means a plan describing
best land management practices,
including an installation schedule and maintenance program,
which, when
completely implemented, will improve and maintain soil,
water, and related
plant and animal resources of the land.
(j)
"Contract of sale" means a legally enforceable agreement in a form
provided
by the PACE Board obligating the owner of a farmland tract to sell and the
Commonwealth
to purchase an easement or other less-than-fee interest on the
farmland tract.
(k)
"Commonwealth funds" means money appropriated to the PACE Corporation
for the purchase of agricultural conservation easements.
(l)
"Development" means the carrying out of any material change in the
use or
appearance of land, or dividing into two (2) or more
parcels.
(m)
"Easement value" means the value per acre as determined by a
numerical
point system or, if an appraisal is used, the difference
between the unrestricted
value of a farm and its value as restricted by an easement.
If only one (1)
appraisal is used, unrestricted value is equal to market
value and restricted
value is equal to the value of the farm, subject to an
agricultural conservation
easement. If the landowner obtains an independent appraisal,
easement value
shall be calculated according to the average between the
landowner's appraisal
and the numerical point system, or if the Commonwealth also
obtains an
appraisal, the average between the landowner's appraisal and
the
Commonwealth's appraisal.
(n)
"Eligible land" means a farmland tract in which the Commonwealth may
acquire an agricultural conservation easement or other
property interest as
provided by this section.
(o)
"Farm" means land in the Commonwealth which is being used for or is
available for agricultural production as defined in this
section.
(p)
"Farmland tract" means land constituting all or part of a farm that
is proposed
for the purchase of an agricultural conservation easement.
(q)
"Farmland value" means the price as of the valuation date for
property used
for normal farming operations, subject to the terms of an
agricultural
conservation easement, which a willing and informed seller
who is not
obligated to sell would accept for the property, and which a
willing and
informed buyer who is not obligated to buy would pay for the
property.
(r)
"Fund" means the agricultural enhancement fund created by KRS
262.920.
(s)
"Grantor" means the person or entity holding title to the farmland
tract on
which an easement is conveyed.
(t)
"Grazing or pasture land" means land used for horse paddocks or the
growing
of grasses and legumes which are consumed by livestock in
the field, and at
least ninety percent (90%) of which is clear of trees,
shrubs, vines, or other
woody growth not consumed by livestock.
(u)
"Harvested cropland" means land used for the commercial production of
field
crops, fruit crops, vegetables, and horticultural
specialties, such as flowers,
nursery stock, and ornamentals.
(v)
"Horse paddock" means an enclosed area used for pasturing and
exercising
horses.
(w) "Landowner" means a person holding title to land.
(x)
"Market value" means the price as of the valuation date for the
highest and
best use of the property which a willing and informed seller
who is not
obligated to sell would accept for the property, and which a
willing and
informed buyer who is not obligated to buy would pay for the
property.
(y)
"Nonprofit land conservation organization" means nonprofit
organization
dedicated to land conservation purposes recognized by the
Internal Revenue
Service
as a tax-exempt organization under Section 170(c) of the Internal
Revenue Code.
(z)
"PACE Corporation" means the Purchase of Agricultural Conservation
Easement
Corporation created by KRS 262.906(1).
(aa) "PACE board" means
the board of directors of the Purchase of Agricultural
Conservation
Easement Corporation created by KRS 262.906(2).
(ab) "Qualified
organization" means a tax-exempt organization described in
Section 170(c) of the Internal Revenue Code.
(ac) "Reserved life estate" means property deeded
to a nonprofit organization
during an owner's lifetime with the owner retaining full use
of and
responsibility for the property until the death of the last
survivor of those
retaining life estates, whereupon, the responsibility of the
property falls to the
nonprofit organization. The property owner is entitled to an
income tax
deduction based on an appraised value and Internal Revenue
Service actuarial
tables, and the taxable estate may also be reduced.
(ad) "Restricted land" means land and buildings,
the use of which is subject to the
terms of an agricultural conservation easement.
(ae) "Restricted value"
means the price as of the valuation date for property subject
to an agricultural conservation easement which a willing and
informed seller
who is not obligated to sell would accept for the property,
and which a willing
and informed buyer who is not obligated to buy would pay for
the property.
(af) "Soils report" means
a report which sets forth the amount and description of
each soil type and class found on a specific farm.
(ag) "Title report" means
a report prepared by a person authorized by the state to
engage in the sale of title insurance or an attorney setting
forth the existence of
any liens, restrictions, or other encumbrances on a farmland
tract.
(ah) "Unrestricted value" means the current market
value of a property.
(ai) "USDA" means the
United States Department of Agriculture.
(aj) "USDA-SCS" means the
Soil Conservation Service of the
Department of Agriculture.
(ak) "Viable agriculture
land" means land suitable for agricultural production and
which will continue to be economically feasible for use if
real estate taxes,
farm use restrictions, and interference with and constraints
on normal farming
operations are limited to levels approximating those in
commercial
agricultural areas not influenced by the proximity of urban
and related
nonagricultural development.
Effective:
History: Created 1994 Ky. Acts ch.
390, sec. 21, effective
262.902
Legislative findings.
(1)
The General Assembly hereby finds and declares that it is a policy of the
Commonwealth
to retain agriculture and enhance the contribution that agriculture
makes to its economy. A program to retain and enhance
agriculture is in the
economic best interests of the Commonwealth and,
consequently, constitutes a
public benefit that contributes to the health, safety, and
general welfare of the
residents of the Commonwealth and the nation.
(2)
The General Assembly further finds and declares that the use of the
Commonwealth's
funds for the purpose of paying in whole or part the cost of
acquiring agricultural conservation easements as set forth
in KRS 262.900 to
262.920,
including any costs necessarily incident to the acquisition, sale, issuance,
and delivery of the funds, and the monitoring and
enforcement of agricultural
conservation easements, or to the participation of any party
for these purposes, will
promote the public health, safety, and general welfare of
the people of the
Commonwealth.
(3)
Further, it is the purpose of KRS 262.900 to 262.920 to:
(a)
Establish procedures for the acquisition of agricultural conservation easements
in order to ensure that lands currently in agricultural use
will continue to
remain available for agriculture and not be converted to
other land uses, and
that landowners who participate in this program will be
fairly compensated for
their agreement to accept deed restrictions limiting the use
of their property;
(b)
Encourage landowners to make a long-term commitment to agriculture by
offering them financial incentives and security that land
use will remain
stable;
(c)
Protect normal farming operations in agricultural areas from incompatible
nonfarming uses that may render
farming impracticable;
(d)
Protect normal farming operations from complaints of public nuisance against
normal farming operations; and
(e)
Maximize the use of agricultural conservation easement purchase funds and
protect the investment of taxpayers in agricultural
conservation easements.
Effective:
History: Created 1994 Ky. Acts ch.
390, sec. 19, effective
262.904
Acquisition of agricultural conservation easements by Commonwealth.
(1)
The Commonwealth is hereby authorized to acquire agricultural conservation
easements or other property interests. The property interest
acquired may be any
less-than-fee-simple interest, including an easement, life
estate, covenant, or other
contractual right. Acquisition may be accomplished by
purchase, gift, grant,
bequest, devise, covenant, or contract but only at a price
that is equal to or less than
the appraised value as provided in this section. The
Commonwealth shall purchase
these property interests only upon voluntary application of
the landowner.
(2)
If the landowner so elects, the Commonwealth is authorized to pay the purchase
price in a lump-sum single payment at the time of closing,
to enter into contracts for
pay outs over a term of years against the purchase price, or
to enter into installment
purchase agreements. When pay outs over time are made, the
Commonwealth is
authorized to pay interest consistent with prevailing market
conditions at the time of
the execution of the contract.
(3)
The interest which the Commonwealth owns in property other than eligible lands
may be exchanged for property interests in eligible lands on
an equivalent appraised
value basis. If the property exchanged is not exactly equal
in appraised value, cash
payments may be made to provide net equivalent value in the
exchange.
(4)
After the Commonwealth acquires an agricultural conservation easement or some
property interest less than full ownership in any eligible
land, the Commonwealth
may purchase the remaining agricultural rights or other
property interest in the land
when the acquisition is necessary to maintain the
agricultural uses of the property.
Effective:
History: Created 1994 Ky. Acts ch.
390, sec. 20, effective
262.906
Purchase of Agricultural Conservation Easement (PACE) Corporation --
Board of Directors.
(1)
There is hereby created the Purchase of Agricultural Conservation Easement
Corporation
which shall oversee all issues involving purchases of agricultural
conservation easements. The corporation shall be a de jure municipal corporation
and political subdivision of the Commonwealth. The
corporation shall be a public
agency within the meaning of KRS 61.805 and 61.870 and shall
be attached for
administrative purposes to the Department of Agriculture.
(2) (a) The corporation shall be governed by a board of
directors, consisting of the
following eleven (11) members: four (4) public directors who
shall be the
Commissioner
of the Department of Agriculture, the secretary of the
Environmental
and Public Protection Cabinet, the dean of the University of
Kentucky
College of Agriculture, and the chair of the Soil and
Water
Conservation
Commission, or their designees; and seven (7) private directors
who shall be appointed by the Governor, as follows:
1.
One (1) private director from each of the six (6) congressional districts;
and
2.
One (1) private director from a list of three (3) persons suggested by the
Kentucky
Farm Bureau Federation, Inc.
(b)
Initial appointment of the private directors by the Governor shall be for
staggered terms.
(c)
No more than four (4) of the private directors shall be from the same political
party. Members shall serve a term of four (4) years, with
the exception of the
initial members, and may be reappointed. Vacancies shall be
filled in the same
manner as the appointment is made.
(3) (a) Any member who has an ownership interest in any of the
lands eligible for the
purchase of an agricultural conservation easement or other
property interest
and who wishes to apply to sell an easement while serving on
the board of
directors shall withdraw himself from all board activities
prior to application
and until the transaction is complete. The Governor shall
appoint an interim
member to fill the vacancy until the transaction is
complete.
(b)
Any person who has previously applied for or sold an agricultural
conservation easement may serve on the board.
(4)
Members shall not be compensated for their services but shall be reimbursed for
expenses incurred in the performance of their duties.
Effective:
History:Created 1994 Ky. Acts ch. 390, sec.
22, effective
Legislative Research Commission Note (
98, 99, 123, and 181 instruct the Reviser of Statutes
to correct statutory references to
agencies and officers whose names have been changed in 2005
legislation confirming
the reorganization of the executive branch. Such a
correction has been made in this
section.
262.908
Responsibilities of board.
(1)
The PACE board shall have the following responsibilities:
(a)
Implementing a Purchase of Agricultural Conservation Easement Program in
the Commonwealth as provided by this section, including the
development
and promulgation of any administrative regulations required;
(b)
Making decisions in connection with each specific easement purchase to be
made with Commonwealth funds from the agricultural
enhancement fund;
(c)
Evaluating, as necessary, potential sites within the Commonwealth on which
agricultural conservation easements or other property
interests are to be
acquired, applying the criteria set forth in this section
and administrative
regulations; and
(d)
Employing the staff necessary to implement the provisions of this section.
(2) (a) The PACE board shall establish fair, equitable,
objective, nondiscriminatory
procedures for determining easement purchase priorities.
(b)
The board shall promulgate administrative regulations establishing policies
and procedures for determining easement purchase priorities
and for
purchasing easements.
(c)
The program criteria shall be designed to ensure that land is selected for
easement purchase because it will make a significant
contribution to
agricultural production.
Effective:
History: Created 1994 Ky. Acts ch.
390, sec. 23, effective
262.910
Use of restricted land during term of easement.
(1)
During the term of an easement, the restricted land shall be used solely for
the
production of crops, livestock and livestock products, and
nursery and greenhouse
products including the processing or retail marketing of
these crops, livestock and
livestock products, and nursery and greenhouse products if
more than fifty percent
(50%)
of the processed or merchandised products are produced on the subject land,
and for the raising and stabling of horses for commercial
purposes. For the purposes
of this section and administrative regulations promulgated
under its provisions,
"crops, livestock and livestock products, and nursery and
greenhouse products"
include, but are not limited to:
(a)
Tobacco;
(b)
Wheat, soybeans, corn, and all commercially-produced fruits and vegetables;
(c)
Horticultural specialties, including nursery stock ornamental shrubs,
ornamental trees, and flowers;
(d)
Livestock and livestock products, including horses, cattle, poultry, milk,
swine, and eggs; and
(e)
Aquatic plants and animals and their by-products.
(2) (a) During the term of an easement the landowner and the
landowner's assigns,
agents, or leasees shall not
perform, nor knowingly allow others to perform,
any act on or affecting the restricted land that is
inconsistent with the
provisions of this section. The landowner shall be deemed to
have authorized
the PACE board to enforce these provisions.
(b)
Unless otherwise specified, the landowner shall not be required to take any
action to restore the condition of the restricted land after
any act of God or
other event over which the landowner had no control.
(c)
Nothing in the PACE Program shall relieve the landowner of any obligation or
restriction on the use of the property imposed by law.
(d)
The Commonwealth shall not locate landfills, sewage treatment plants, or
other public service facilities that are not compatible with
or complimentary to
agricultural production on restricted lands.
(3) (a) To retain the agricultural viability of the restricted
land, the PACE board shall
require, and the owner of the restricted land shall
implement, a conservation
plan approved by the soil and water conservation district.
This plan shall be
updated every ten (10) years and any time the basic farming
operation
conducted on restricted lands is changed. All farming
operations shall be
conducted substantially in accordance with the plan.
(b)
In addition to the requirements established by the soil and water conservation
district, the conservation plan shall require that:
1.
The use of the land for growing sod, nursery stock, and ornamental trees
and shrubs does not remove excessive soil from the
restricted land;
2.
The excavation of soil, sand, gravel, stone, or other materials for use in
agricultural production on the restricted land is consistent with
subsection (4)(h) of this section and is conducted in a
location and
manner that retains the viability of the restricted land for
agricultural
production; and
3.
The mining of minerals is consistent with subsection (4)(h)
of this
section and is conducted only through the use of methods
which will not
interfere with the viability of the restricted land for
agricultural
production.
(4)
The construction or reconstruction of any building or other structure, except
those
existing on the date of the easement or previously approved
by the PACE board, is
prohibited except in accordance with this subsection.
(a)
Existing fences may be repaired and replaced, and new fences may be built
anywhere on the restricted land for purposes of reasonable
and customary
management of livestock and wildlife, without approval of
the PACE board.
(b)
New buildings and other structures and improvements to be used solely for
agricultural purposes including the processing or sale of
farm products
predominantly grown or raised on the restricted land, but
not including any
dwelling or farm labor housing, may not be built on the
restricted land without
the advance approval of the PACE board. The PACE board shall
give
approval within a reasonable time, unless it determines that
the proposed
building, structure, or improvement would not be properly
located or would
significantly diminish the agricultural production capacity
of the restricted
land.
(c)
All existing single-family residential dwellings may be repaired, reasonably
enlarged, and replaced at their current locations without
further permission of
the PACE board. No new single-family residential dwellings
may be built on
the restricted land without the advance approval of the PACE
board. The
PACE
board shall give approval within a reasonable time, unless it determines
that a proposed dwelling would not be properly located or
would significantly
diminish the agricultural production capacity of the
restricted land.
(d)
The subdivision of the restricted land, whether by physical or legal process,
is
prohibited without the advance written approval of the PACE
board. The
PACE
board shall give approval within a reasonable time, unless it determines
that the proposed subdivision will diminish or impair the
agricultural
productivity of the restricted land.
(e)
The granting of rights-of-way through restricted land for the installation of,
transportation of, or use of, lines for water, sewage,
electric, telephone, gas,
oil or oil products is permitted. The term "granting of
rights-of-way" includes
the right to construct or install the lines. The
construction or installation of
utility lines other than the types stated in this paragraph
is prohibited on the
restricted land.
(f)
No portion of the restricted land shall be paved or otherwise be covered with
concrete, asphalt, gravel, or any other paving material, nor
shall any road for
access or other purposes be constructed, without the advance
written approval
of the PACE board. The PACE board shall give approval within a reasonable
time, unless it determines that the proposed paving or
covering of the soil, or
the location of any road, will substantially diminish or
impair the agricultural
productivity of the restricted land.
(g)
Trees may be cut to control insects and disease, to prevent personal injury and
property damage, and for firewood and other domestic uses,
including
construction of permitted buildings and fences on the
restricted land. Trees
may also be cut to clear land for cultivation or use of
livestock, but only if
done in accordance with the conservation plan required by
subsection (3) of
this section. Any commercial timber harvesting on the
restricted land shall be
conducted on a sustainable yield basis and in substantial
accordance with a
forest management plan prepared by a competent professional
forester.
(h)
The mining or extraction of soil, sand, gravel, rock, oil, natural gas, fuel or
any other mineral substance, using any method that disturbs
the surface of the
land, is prohibited without the advance written approval of
the PACE board.
The
PACE board shall give approval within a reasonable time, unless it
determines that the proposed mining or extraction will
substantially diminish
or impair the agricultural productivity of the restricted
land.
(i) The dumping or accumulation of any kind of trash or
refuse on the restricted
land is prohibited. However, this shall not prevent the
storage of agricultural
products and by-products on the restricted land, so long as
it is done in
accordance with all applicable laws, administrative
regulations, and
ordinances.
(j)
Golf courses are prohibited on the restricted land. Buildings and facilities
for
any other public or private recreational use may not be
built on the restricted
land without the advance written approval of the PACE board.
The PACE
board shall not give approval unless it determines that the
proposed use or
facilities will not substantially diminish or impair the
agricultural productivity
of the restricted land.
(5)
Landowners shall retain the right to perform any act not specifically
prohibited or
limited by this section and administrative regulations
promulgated under its
provisions. These ownership rights include, but are not
limited to, the right to
exclude any member of the public from trespassing on the
restricted land and the
right to sell or otherwise transfer the restricted land to
anyone of the landowner's
choice.
Effective:
History: Created 1994 Ky. Acts ch.
390, sec. 24, effective
262.912
Responsibilities of landowner during term of easement.
Other
than as specified within this section, this section and administrative
regulations
promulgated under its provisions are not intended to impose
any legal or other
responsibility on the PACE board or in any way to affect any
existing obligation of the
landowner as owner of the restricted land. Accordingly:
(1)
The landowner shall continue to be solely responsible for payment of all taxes
and
assessments levied against the restricted land.
(2)
The landowner shall continue to be solely responsible for the upkeep and
maintenance of the restricted land, to the extent it may be
required by law. The
PACE
board and the Commonwealth shall have no obligation for the upkeep or
maintenance of the restricted land.
Effective:
History: Created 1994 Ky. Acts ch.
390, sec. 25, effective
262.914
Contents of deed conveying interest in restricted land.
A
deed conveying an interest in the restricted land shall set forth the language
of the
assessment restrictions verbatim. Within thirty (30) days of
a change in ownership of the
restricted land, the prior owner shall notify the PACE board
in writing of the name and
address of the new owner, together with the volume and page
of the deed book in which
the transfer has been recorded.
Effective:
History: Created 1994 Ky. Acts ch.
390, sec. 26, effective
262.916
Legal action by board for violation of easement.
(1)
If the PACE board finds what it believes is a violation of the terms of any
easement
by the property owner, it may take appropriate legal action.
Except when an
ongoing or imminent violation could irreversibly diminish or
impair the agricultural
productivity of the restricted land, the PACE board shall
give the landowners
written notice of the violation and sixty (60) days to
correct it, before taking legal
action.
(2)
The owner of the restricted land shall bear all costs associated with the
correction of
a violation of the easement, including:
(a)
Costs of work required and materials used to correct the violation and restore
the restricted land to its condition prior to the violation;
(b)
Administrative costs incurred by the PACE board; and
(c)
Court costs and reasonable attorney's fees incurred by the PACE board in
enforcing the easement.
Effective:
History: Created 1994 Ky. Acts ch.
390, sec. 27, effective
262.918
Legal action by grantor for termination of easement.
(1) (a) A grantor may terminate an easement, in whole or in part,
only by filing an
action in the Franklin Circuit Court, and demonstrating by
clear and
convincing evidence that conditions on or surrounding the
land subject to an
agricultural conservation easement have changed so much that
agriculture is
no longer viable and it has become impossible to fulfill any
of the easement's
conservation purposes. The grantor shall name the PACE
Corporation as the
defendant in the action.
(b)
In the event that a finding is made by the court that a portion of the land
subject to the agricultural conservation easement is no
longer suitable for
agricultural purposes, the owner shall, at the owner's
expense, provide a
survey of the land area on which the agricultural
conservation easement is to
be terminated.
(2) (a) No agricultural conservation easement or portion thereof
which has been
purchased with Commonwealth funds shall be terminated by the
court except
upon payment by the grantor to the PACE Corporation of its
then fair value.
The
value of the easement shall be established by one of the following two
methods, as determined by the court:
1. The
owner shall pay the PACE Corporation an amount equal in current
dollars to the full cost of acquiring and monitoring the
easement during
its full duration, plus reasonable interest as determined by
court; or
2.
The owner shall pay the PACE Corporation an amount equal to the
easement's current market value as determined by independent
appraisal,
performed at the owner's expense and satisfactory to the
Commonwealth.
(b)
The PACE Corporation shall place the proceeds from the termination of the
easement in the agricultural enhancement fund and use the
proceeds consistent
with the purposes of KRS 262.900 to 262.920.
Effective:
History: Created 1994 Ky. Acts ch.
390, sec. 28, effective
262.920
Agricultural Enhancement Fund.
(1) (a) There is hereby created by this section a special fund in
the State Treasury
which shall be known as the "Agricultural Enhancement
Fund." There shall be
deposited in the fund:
1.
Moneys received by the Commonwealth, from whatever source and by
whatever means, as gifts for purposes of retaining
agricultural lands and
supporting and abetting agricultural practices and
activities which shall
improve conservation and natural resource protection
practices, enhance
the viability of the agriculture industry, and expand the
economic
contribution that agriculture makes to the Commonwealth;
2.
Moneys received by the Commonwealth, from whatever source and by
whatever means, as grants or loans for purposes of retaining
agricultural
lands and supporting and abetting agricultural practices and
activities
which shall improve conservation and natural resource
protection
practices, enhance the viability of the agriculture
industry, and expand
the economic contribution that agriculture makes to the
Commonwealth;
3.
Moneys received by the Commonwealth including proceeds of bonds
issued for the purpose of funding the PACE Program as
dedicated
sources of revenue for the fund; and
4.
Moneys appropriated to the fund.
(b)
The fund shall be in the custody of the Commonwealth. All or any part of
these funds may be invested in any securities in which
public funds may
lawfully be invested. All income derived from investments
shall be paid into
the fund and become a part thereof. The moneys so invested
shall at all times
be subject to withdrawal from investment for use as provided
in this
subsection.
(c)
Upon authorization of the PACE board, the moneys in the fund may be used
for:
1.
The acquisition of agricultural conservation easements on eligible lands
within the Commonwealth;
2.
The acquisition of options to purchase agricultural conservation
easements on eligible lands within the Commonwealth;
3.
The costs of appraisal, engineering, surveying, planning, financial, legal,
and other services, and applicable personnel costs lawfully
incurred
incident to the acquisition of agricultural conservation
easements in
eligible lands and for monitoring and enforcing easements on
restricted
lands;
4.
The costs incident to the sale, issuance, and delivery of bonds, and to
securing funds from other revenue sources for the fund;
5.
The provision of guarantees for loans that farmers participating in the
PACE
Program may need to seek from lending institutions in order to
carry out agricultural operations, including loans for
annual agricultural
production, agriculture- and conservation-related improvements, and
changes in the types of and methods employed for
agricultural
production on farmland tracts enrolled in the PACE Program;
and
6.
Other expenditures as specified by the PACE board, providing that the
expenditures are consistent with KRS 262.900 to 262.920 and
administrative regulations promulgated by the PACE board and
are for
the express purpose of retaining agricultural lands,
supporting and
abetting agricultural lands, and supporting and abetting
agricultural
practices and activities which shall improve conservation
and natural
resource protection practices, enhance the viability of the
agriculture
industry, and expand the economic contribution that
agriculture makes
to the Commonwealth.
(d)
No more than ten percent (10%) of the moneys in the fund shall be expended
in any one (1) fiscal year to administer KRS 262.900 to
262.920.
Effective:
History: Created 1994 Ky. Acts ch.
390, sec. 29, effective