§ 45-51. Condemnation of Qualifying Farmland
action to condemn any interest in qualifying farmland within a District until it has
requested the Henderson County Advisory Board to hold a public hearing on the
Upon receiving a request, the Henderson County Advisory Board shall
publish notice describing the proposed action in the newspaper of record
within Henderson County within 5 business days of the request, and
will in the same notice notify the public of a public hearing on the proposed
condemnation, to be held within 10 days of receipt of the request.
The Advisory Board shall meet to review:
Whether the need for the project has been satisfactorily established
by the agency or unit of government involved, including a review
of any fiscal impact analysis conducted by the agency involved;
Whether there are alternatives to the proposed action that have less
impact and are less disruptive to the agricultural activities of the
District within which the proposed action is to take place.
The Advisory Board shall consult with the County Agricultural Extension
Agent, the Natural Resources Conservation Service District
Conservationist, and any other individuals, agencies, or organizations
deemed by the Advisory Board to be necessary for its review of the
Within 5 days after the hearing, the Advisory Board shall make a
report containing its findings and recommendations regarding the proposed
action. The report shall be made available to the public prior to its being
conveyed to the decision-making body of the agency proposing the
There will be a period of 10 days allowed for public comment on the
report of the Advisory Board.
After the 10 day period for public comment has expired, the Advisory
Board shall submit a final report containing all of its findings and
recommendations regarding the proposed action to the decision making
body of the agency proposing the acquisition.
The total time period, from the day that a request for a hearing has been
received to the day that a final report is issued to the decision making body
of the agency proposing the acquisition, shall not exceed 30 days. If
the agency agrees to an extension, the agency and the Advisory Board shall
mutually agree upon a schedule to be set forth in writing and made available
to the public.
permit any formal initiation of condemnation by local agencies while the
proposed condemnation is properly before the Advisory Board.