[PART
IX.]  TRANSFER OF DEVELOPMENT RIGHTS



 



[§46-161]  Findings and purpose.  The
legislature finds that there is a need to clarify the authority of the counties
to exercise the power to transfer development rights within a comprehensive
planning program to:



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



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



The legislature finds that transfer of
development rights programs can help to ensure proper growth, while protecting
open and distinctive areas and spaces of varied size and character, including
many areas that have significant agricultural, ecological, scenic, historical,
aesthetic, or economic value.  These areas, if preserved and maintained in
their present state, would constitute important physical, social, aesthetic, or
economic assets to existing or impending urban and metropolitan development.  The
legislature further finds that transferring development rights is a useful
technique to achieve community objectives.  Properly utilized, the concept can
be fully consistent with comprehensive planning requirements.  The legislature
further finds and declares that the concept, utilizing the normal market in
land, can provide a mechanism of just compensation to owners of property to be
protected or preserved. [L 1998, c 296, pt of §1]