9 Del. C. § 8337: State Farmland Evaluation Advisory Committee.

(a) There is hereby established a State Farmland Evaluation Advisory Committee.

(b) The Committee shall consist of 8 voting members:

(1) The Secretary of the Department of Finance, who shall serve as chair.

(2) One member, who shall be appointed by the Governor, from a list of 3 individuals provided to the Governor by the Executive Committee of the Delaware State Grange.

(3) One member, who shall be appointed by the Governor, from a list of 3 individuals provided to the Governor by the Executive Committee of the Delaware Farm Bureau.

(4) One member, who shall be appointed by the Governor, with real-world knowledge and an experiential understanding of agricultural financing.

(5) One member, who shall be appointed by the Governor, with real-world knowledge and an experiential understanding of farmland valuation.

(6) The Secretary of the Delaware Department of Agriculture or their designee.

(7) The Dean of the College of Agriculture at the University of Delaware or their designee.

(8) One member, who shall be appointed by the Governor, from a list of 3 Delaware poultry growers provided to the Governor by the Executive Director of the Delmarva Chicken Association.

(c) No more than 4 voting members of the Committee shall be of the same political party.

(d) In addition to voting members, the Committee shall include 3 nonvoting members:

(1) One nonvoting member shall be an official from the Assessment Division of the Office of Finance of New Castle County.

(2) One nonvoting member shall be an official from the Assessment Division of the Department of Finance of Kent County Levy Court.

(3) One nonvoting member shall be an official from the Assessment Department of Sussex County.

(e) Each member of the Committee shall be a resident of this State.

(f) Each member of the Committee shall be appointed for a term of 4 years beginning on July 1 in the year of appointment. Each member may serve 2 additional terms. A member remains eligible to participate in the Committee proceedings until the Governor replaces that member. Vacancies for any cause other than the expiration of term shall be filled by the Governor for the unexpired term.

(g) A member of the Committee shall receive no compensation for the member’s service on the Committee.

(h) The Governor may remove a member for gross inefficiency, misfeasance, nonfeasance, malfeasance, or neglect of duty in office.

(1) A member is deemed in neglect of duty if the member is absent from 3 consecutive Committee meetings without good cause.

(2) A member who is deemed in neglect of duty is considered to have resigned.

(i) The Committee shall meet at least once every 6 months. The meetings of the Committee are public.

(j) The Department of Finance, through the Secretary, shall provide reasonable staff support to assist the Committee in performing its duties.

(k) The Committee shall determine a range of values for each classification of land based upon its productive capabilities when devoted to agricultural, horticultural, or forest uses across this State. The Committee shall consider available evidence of agricultural, horticultural, or forest capability derived from the soil survey and such other evidence of value of land devoted exclusively to agricultural, horticultural, or forest uses as it may in its judgment deem pertinent.

(l) The Committee shall, at least once every 2 years, review its valuation formula and methodology utilized to determine the ranges of fair values for agricultural, horticultural, forestry land, and qualified farm structures and make such changes and revisions as are required to ensure that the objectives of this section are met. The formula used by the Committee shall be based on not less than the preceding 20 years of land values.

(m) The Committee shall publish its determinations and any review of its valuation formula and methodology in its annual report. The Committee shall submit this report to the Governor, the General Assembly, the Director and the Librarian of the Division of Legislative Services, and to the assessing authority of each county not later February 1 of each year.