Journal of the Senate, Regular Session of the Seventy-Ninth Legislature of the State of Texas, Volume 3 Page: 2,518
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Sec. 183.052. DEFINITIONS. In this subchapter:
(1) "Agricultural conservation easement" means a conservation easement in
qualified land that is designed to accomplish one or more of the following additional
purposes:
(A) conserving water quality or quantity;
(B) conserving native wildlife species through protection of their
habitat;
(C) conserving rare or sensitive plant species; or
(D) conserving large tracts of qualified open-space land that are
threatened with fragmentation or development.
(2) "Commissioner" means the commissioner of the General Land Office.
(3) "Council" means the Texas farm and ranch lands conservation advisory
council established under Section 183.061.
(4) "Fund" means the Texas farm and ranch lands conservation fund
established under Section 183.058.
(5) "Land office" means the General Land Office.
(6) "Program" means the Texas farm and ranch lands conservation program
established under this subchapter.
(7) "Purchase of agricultural conservation easement" means the purchase
from a willing seller of an agricultural conservation easement.
(8) "Qualified easement holder" means a holder that is:
(A) a state agency or a municipality; or
(B) an organization that is exempt from federal income taxation under
Section 501(a), Internal Revenue Code of 1986, as an organization described by
Section 501(c)(3) of that code and that is organized for the purpose of preserving
agriculture, open space, or natural resources.
(9) "Qualified land" means qualified open-space land, as that term is defined
by Section 23.51, Tax Code.
Sec. 183.053. PROGRAM. The Texas farm and ranch lands conservation
program is established as a program of the land office for the purpose of administering
the assistance to be provided by the fund for the purchase of agricultural conservation
easements.
Sec. 183.054. TERMS OF AGRICULTURAL CONSERVATION EASEMENT.
(a) An agricultural conservation easement under this subchapter must be perpetual or
for a term of 30 years.
(b) The owner of qualified land and a potential purchaser of an agricultural
conservation easement should consider and negotiate easement terms, including the
following considerations:
(1) whether the landowner will receive a lump sum or annual payments;
(2) whether the term of the easement shall be perpetual or for a term of 30
years;
(3) whether a term easement is renewable;
(4) whether the landowner retains limited development rights; and
(5) the purchase price of the easement.
(c) An agricultural conservation easement may not be assigned to or enforced by
a third party without the express written consent of the landowner.2518
79th Legislature - Regular Session
72nd Day
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Texas. Legislature. Senate. Journal of the Senate, Regular Session of the Seventy-Ninth Legislature of the State of Texas, Volume 3, legislative document, 2005; (https://texashistory.unt.edu/ark:/67531/metapth123809/m1/16/: accessed May 5, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.