1Description

Development rights are severed from the property and purchased by a public entity or land is acquired outright. Municipalities and counties can use operating revenue, bonds or state and federal funds to purchase land or development rights. Localities can establish a trust fund to purchase development rights. Conservation Advisory Councils can prioritize lands to be purchased. A land trust can be created to purchase conservation easements.

2Purpose

To stop development in targeted preservation or conservation areas.

3Issues

Public entity is responsible for policing and maintaining property. Except where an incentive can be created for a developer to purchase the development rights, public funds must be used, which can involve using tax revenues or public debt.

4Advantages

If the land is purchased it gives the public entity complete control of the property to be used as the municipality sees fit (park, open space, facility siting, etc.). It is less complex to administer than a transfer of development rights (TDR) program.