67-5-1002.
Legislative findings.
The general
assembly finds that:
(1) The
existence of much agricultural, forest and open space land is threatened
by pressure from urbanization, scattered residential and commercial
development, and the system of property taxation. This pressure is the
result of urban sprawl around urban and metropolitan areas which also
brings about land use conflicts, creates high costs for public services,
contributes to increased energy usage, and stimulates land
speculation;
(2) The
preservation of open space in or near urban areas contributes to:
(A) The use,
enjoyment and economic value of surrounding residential, commercial,
industrial or public use lands;
(B) The
conservation of natural resources, water, air, and wildlife;
(C) The
planning and preservation of land in an open condition for the general
welfare;
(D) A relief
from the monotony of continued urban sprawl; and
(E) An
opportunity for the study and enjoyment of natural areas by urban and
suburban residents who might not otherwise have access to such
amenities;
67-5-1004.
Definitions.
(1) (A)
"Agricultural land" means land which meets the minimum size
requirements specified hereafter and which either:
(i) Constitutes
a farm unit engaged in the production or growing of agricultural
products; or
(ii) Has been
farmed by the owner or the owner's parent or spouse for at least
twenty-five (25) years and is used as the residence of the owner and not
used for any purpose inconsistent with an agricultural use.
(B) To be
eligible as agricultural land, property must meet minimum size
requirements as follows: it must consist either of a single tract of at
least fifteen (15) acres, including woodlands and wastelands, or two (2)
noncontiguous tracts, including woodlands and wastelands, one (1) of
which is at least fifteen (15) acres and the other being at least ten
(10) acres and together constituting a farm unit.
(4)
"Forest land" means land constituting a forest unit engaged in
the growing of trees under a sound program of sustained yield management
or any tract of fifteen (15) or more acres having tree growth in such
quantity and quality and so managed as to constitute a forest;
(8) "Open
space land" means any area of land other than agricultural and
forest land, of not less than three (3) acres, characterized principally
by open or natural condition, and whose preservation would tend to
provide the public with one (1) or more of the benefits enumerated in §
67-5-1002, and which is not currently in agricultural land or forest
land use. "Open space land" includes greenbelt lands or lands
primarily devoted to recreational use;
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