Laserfiche WebLink
(5) A recorded lessee of the land with a term of (tenlfive or more vears <br /> remaining from the date of the petition and who is responsible for <br /> payment of the real property tax shall also be deemed an owner of <br /> the land within these provisions. <br /> (6) Action by director on petition. <br /> (A) Upon receipt of a petition as provided above. the director <br /> shall make a finding of fact as to whether the land in the <br /> petition area is reasonably well suited for the intended use. <br /> The finding shall include and be based upon the productivity <br /> ratings of the land in those uses for which it is best suited. a <br /> study of the ownership, size of operating unit, the present <br /> use of surrounding similar lands and other criteria as may be <br /> appropriate. <br /> (B) The director shall also make a finding of fact as to whether <br /> the intended use is in conflict with the overall development <br /> plan of the State and County; provided that for lands in a <br /> zoned district other than County zoned district of agricultural. <br /> residential and agricultural, family agricultural. intensive <br /> agricultural or agricultural project district, the director shall <br /> make further findings respecting the economic feasibility of <br /> the intended use of the land. <br /> (C~ If all findings are favorable, the director shall approve the <br /> petition and declare the land to be dedicated. <br /> (D) In order to place prospective buyers on notice of the rollback <br /> liability, the petitioner shall record the dedication in <br /> accordance with the procedures of the bureau of <br /> conveyances within ninety days of notice of approval. <br /> <br /> (e) Approval by the director of the petition to dedicate shall constitute a <br /> forfeiture on the part of the owner of any right to change the use of his or <br /> her land to a use other than commercial agriculture for a minimum period <br /> of ten vears, unless otherwise provided by this chapter, subject to <br /> cancellation or renewal as follows: <br /> (1) At least one hundred eighty days prior to any cancellation or <br /> termination. the department of finance shall notify the owner by mail <br /> of such cancellation or termination. The owner shall reapply for <br /> renewal of the dedication by filing an application with the director on <br /> or before September 1 of the last year of dedication. The renewal <br /> petition shall, in all respects, be processed similarly to an original <br /> petition. Upon approval by the director of succeeding dedications. <br /> 17 <br /> <br />