67A.845 Purchase of development rights program.
(1)
(2)
(3)
Within one hundred eighty (180) days following the passage of a purchase of
development rights proposal by referendum as provided for in KRS 67A.843,
67A.847, and 67A.849, an urban-county government shall establish a purchase of
development rights program which, in addition to the matters approved by
referendum, shall include:
(a) A statement of the purpose of the program;
(b) A detailed map showing the locations of the properties from which
development rights may be purchased;
(c) The restrictions upon the use and development of the properties from which
development rights have been purchased, and the duration of those restrictions
which may be perpetual as the equivalent of covenants running with the land;
(d) The mechanism, if any, for removing the restrictions;
(e) The procedure for valuation and transfer of the development rights. The
instrument of transfer shall be an instrument drawn, executed, and recorded in
accordance with KRS Chapter 382, which shall set forth the terms of the
restrictions with specificity;
(f) The entity authorized by the urban-county government to operate the program;
and
(g) Any other provisions the urban-county government deems necessary or
appropriate.
The program may provide for the purchase of conservation easements or other
comparable interests in real estate in addition to or in lieu of the purchase of
development rights.
The provisions of the program, except those elements adopted by referendum, may
be amended from time to time by the urban-county government.
Effective: July 15, 1998
History: Created 1998 Ky. Acts ch. 372, sec. 4, effective July 15, 1998.
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