93.73 Purchase of agricultural conservation easements.

457 words·~2 min read·/wi/chapter-93/93-73-4

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Legislative findings. The legislature finds all of the following:

(a)That the preservation of farmland is important for current and future agricultural production in this state, including the production of food and other products needed to sustain the life, health, and welfare of the people of this state.

(b)That the preservation of farmland is important for the current and future state economy and for the current and future environment of this state.

(c)That purchases of agricultural conservation easements, as provided in this section, serve important public purposes of statewide significance.

(1m)Definitions. In this section:

(a)“Agricultural conservation easement” means a conservation easement, as defined in s. 700.40

(a), the purpose of which is to assure the availability of land for agricultural use.

(b)“Agricultural use” means any of the following:

1. Any of the following activities conducted for the purpose of producing an income or livelihood:

a. Crop or forage production.

b. Keeping livestock.

c. Beekeeping.

d. Nursery, sod, or Christmas tree production.

e. Floriculture.

f. Aquaculture.

g. Fur farming.

h. Forest management.

i. Enrollment of land in a federal agricultural commodity payment program or a federal or state agricultural land conservation payment program.

2. Any other use that the department, by rule, identifies as an agricultural use.

(c)“Cooperating entity” means a political subdivision or nonprofit conservation organization.

(d)“Fair market value” means value as determined by a professional appraisal that is approved by the department.

(dm)“Livestock” means bovine animals, equine animals, goats, poultry, sheep, swine, farm-raised deer, farm-raised game birds, camelids, ratites, and farm-raised fish.

(e)“Nonprofit conservation organization” means a nonstock corporation, charitable trust, or other entity whose purposes include the acquisition of property for conservation or agricultural preservation purposes, that is described in section 501

(3)of the Internal Revenue Code, that is exempt from federal income tax under section 501

(a)of the Internal Revenue Code, and that is a qualified organization under section 170

(3)of the Internal Revenue Code.

(f)“Political subdivision” means a city, village, town, or county.

(g)“Professional appraisal” means an appraisal conducted by a certified general appraiser, as defined in s. 458.01

(8).

(h)“Purchase cost” means the amount paid to a landowner to acquire an agricultural conservation easement from the landowner.

(i)“Transaction costs” means out-of-pocket expenses incurred in connection with the acquisition, processing, recording, and documentation of an agricultural conservation easement, including out-of-pocket expenses for land surveys, land descriptions, real estate appraisals, title verification, preparation of legal documents, reconciliation of conflicting property interests, documentation of existing land uses, and closing. “Transaction costs” does not include costs incurred by a cooperating entity for staffing, overhead, or operations.

(2)Program.