N.Y. Agriculture & Markets Law § 322: Definitions

§ 322. Definitions. When used in this article:

1. "Agricultural and farmland protection" means the preservation,

conservation, management or improvement of lands which are part of

viable farming operations, for the purpose of encouraging such lands to

remain in agricultural production. Such preservation efforts include the

use of farmland protection conservation easements and purchase of

development rights.

2. "Plan" means the county and municipal agricultural and farmland

protection plan as provided for in this article.

3. "Program" means the state agricultural and farmland protection

program created pursuant to the provisions of this article.

4. "Not-for-profit conservation organization" means an organization as

defined in subdivision two of section 49-0303 of the environmental

conservation law.

5. "Soil and water conservation district" means an entity as defined

in subdivision one of section three of the soil and water conservation

districts law.

6. "Farmer-purchaser farmland protection agreement" means preemptive

purchase rights or other provisions that are part of or linked to a

farmland protection conservation easement providing the easement holder

the preferential right to purchase protected farmland at its

agricultural use value in the event the landowner intends to sell such

farmland to a purchaser who does not intend to maintain the land in

commercial agricultural production and who does not have the requisite

farming experience and farming income to demonstrate, in a manner

acceptable to the department, a good faith plan to maintain the land in

commercial agricultural production. The purpose of such provisions is to

ensure that farmer-purchasers who would maintain protected farmland in

commercial agricultural production can afford such farmland that might

otherwise be sold at a higher price to other purchasers.

7. "Agricultural use value" means the fair market value of a property

that is restricted by an easement to its productive commercial

agricultural use value rather than the highest and/or best potential use

value for residential or other non-agricultural purposes.