[PARTIX.]  TRANSFER OF DEVELOPMENT RIGHTS

 

[§46-161]  Findings and purpose.  Thelegislature finds that there is a need to clarify the authority of the countiesto exercise the power to transfer development rights within a comprehensiveplanning program to:

(1)  Protect the natural, scenic, recreational, andagricultural qualities of open lands including critical resource areas; and

(2)  Enhance sites and areas of special character orspecial historical, cultural, aesthetic, or economic interest or value.

The legislature finds that transfer ofdevelopment rights programs can help to ensure proper growth, while protectingopen and distinctive areas and spaces of varied size and character, includingmany areas that have significant agricultural, ecological, scenic, historical,aesthetic, or economic value.  These areas, if preserved and maintained intheir present state, would constitute important physical, social, aesthetic, oreconomic assets to existing or impending urban and metropolitan development.  Thelegislature further finds that transferring development rights is a usefultechnique to achieve community objectives.  Properly utilized, the concept canbe fully consistent with comprehensive planning requirements.  The legislaturefurther finds and declares that the concept, utilizing the normal market inland, can provide a mechanism of just compensation to owners of property to beprotected or preserved. [L 1998, c 296, pt of §1]