Delaware Code § 3-937

Forestland preservation easement criteria for eligibility and evaluation
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(a) In order for the Foundation to acquire a forestland preservation easement it shall be required that:
(1) The grantor of the forestland preservation easement has fee simple title to the real property and conveys the easement free and
clear of all liens and encumbrances; and
(2) The preservation easement is granted in perpetuity in a form acceptable to the Foundation, and includes the restrictions set forth
in § 934 of this title, and such other terms and conditions as specified by the Foundation.
(b) In reviewing applications for the conveyance of forestlands preservation easements the Foundation shall consider the relative cost
of acquiring the easement giving due consideration to the extent to which an applicant is willing to discount the sale price below the
easement value established by the Foundation.
(c) The Foundation shall approve and announce the purchase price of forestland preservation easements at its regularly scheduled
meetings.

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