901-2-08 Present condition report.

(A) The purpose of the present condition report is to document and record the use, nature, and condition of an application property and its improvements at the approximate time an agricultural easement is purchased. The report is used as a baseline document to assist in monitoring and enforcing the terms of the agricultural easement. The report shall be completed by the applicant using the template provided by the director. The applicant and the landowner shall sign the acknowledgment of condition page. The present condition report may be an exhibit to the agricultural easement.

(B) The narrative descriptions in the present condition report shall be in sufficient detail and clarity to accomplish the purposes of the report.

(C) All photographs shall be in color, clear, and in focus, except historical photographs.

(D) All maps and accompanying supporting documentation shall be clearly legible and capable of being photocopied.

(E) If the county recorder in the county where the deed of agricultural easement is recorded refuses or is unable to record the maps and photographs contained in the present condition report, the maps and photographs shall be filed with the office of farmland preservation at the department . A separate agreement will be signed by the department, the local sponsor, and the grantor acknowledging that such maps and photographs shall be filed with the office of farmland preservation at the department .

Effective: 3/21/2016
Five Year Review (FYR) Dates: 01/05/2016 and 03/21/2021
Promulgated Under: 119.03
Statutory Authority: 901.22
Rule Amplifies: 901.21, 901.22, 901.23
Prior Effective Dates: 02/01/02, 02/21/05, 03/21/2006, 10/28/2010