§ 322. Definitions. When used in this article:\n 1. "Agricultural and farmland protection" means the preservation,\nconservation, management or improvement of lands which are part of\nviable farming operations, for the purpose of encouraging such lands to\nremain in agricultural production. Such preservation efforts include the\nuse of farmland protection conservation easements and purchase of\ndevelopment rights.\n 2. "Plan" means the county and municipal agricultural and farmland\nprotection plan as provided for in this article.\n 3. "Program" means the state agricultural and farmland protection\nprogram created pursuant to the provisions of this article.\n 4. "Not-for-profit conservation organization" means an organization as\ndefined in subdivision two of section 49-0303 of the environmental\nconservation law.\n 5. "Soil and water conservation district" means an entity as defined\nin subdivision one of section three of the soil and water conservation\ndistricts law.\n 6. "Farmer-purchaser farmland protection agreement" means preemptive\npurchase rights or other provisions that are part of or linked to a\nfarmland protection conservation easement providing the easement holder\nthe preferential right to purchase protected farmland at its\nagricultural use value in the event the landowner intends to sell such\nfarmland to a purchaser who does not intend to maintain the land in\ncommercial agricultural production and who does not have the requisite\nfarming experience and farming income to demonstrate, in a manner\nacceptable to the department, a good faith plan to maintain the land in\ncommercial agricultural production. The purpose of such provisions is to\nensure that farmer-purchasers who would maintain protected farmland in\ncommercial agricultural production can afford such farmland that might\notherwise be sold at a higher price to other purchasers.\n 7. "Agricultural use value" means the fair market value of a property\nthat is restricted by an easement to its productive commercial\nagricultural use value rather than the highest and/or best potential use\nvalue for residential or other non-agricultural purposes.\n
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