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Agriculture is one of America's leading industries. Until now, there has been not been a single volume that covers the law of agricultural land preservation. This book covers the legal principles, federal and state requirements, and the issues that have arisen in implementing public and private agricultural preservation programs, federal tax and estate laws, court cases, and landowner financial issues and options that affect agricultural land preservation efforts.Agricultural land preservation can help farmers and ranchers by providing needed capital to strengthen the profitability of the agricultural operation, facilitate the transfer of the farm or ranch to the next generation, and offer an alternative to selling land for development. This book provides practical, current guidance for attorneys advising landowning clients who wish to explore agricultural land preservation options, in addition to those who advise private, nonprofit land trusts or government agencies that preserve farmland.
As land is lost to urban sprawl and other non-farm activity, our ability to produce food is diminished and options for future food production are limited. Farmland preservation speaks to the need to preserve the agricultural land base for future generations. The need for protection is driven by uncertainty caused by climate change, population growth, food security, energy availability, and other local and global factors. This uncertainty means that there is an ever-growing responsibility to ensure that the actions of today do not compromise the needs of future generations. This second edition of Farmland Preservation provides a range of views and case studies from across Canada, the United States, and beyond. Its fourteen essays are intended to help the reader understand the importance of the issue and the potential for applying new approaches to agricultural protection, policy tools, and initiatives.
Farmers, who own or rent most of the private land in America, hold the key not only to the nation's food supply, but also to managing community growth, maintaining an attractive landscape, and protecting water and wildlife resources. While the issue of protecting farmland and open space is not new, the intensity of the challenge has increased. Farmers are harder pressed to make a living, and rural and suburban communities are struggling to accommodate increasing populations and the development that comes with them. Holding Our Ground can help landowners and communities devise and implement effective strategies for protecting farmland. The book: discusses the reasons for protecting farmland and how to make those reasons widely known and understood describes the business of farming, federal government farm programs, and the role of land in farmers's decisions analyzes federal, state, and local farmland protection efforts and techniques explores a variety of land protection options including purchase of development rights; transfer of development rights; private land trusts; and financial, tax, and estate planning reviews the strengths and weaknesses of the farmland protection tools available The authors describe the many challenges involved in protecting farmland and explain how to create a package of techniques that can meet those challenges. In addition, they offer appendixes with model zoning ordinances, nuisance disclaimers, conservation easements, and other documents that individuals and communities need to carry out the programs discussed. Holding Our Ground provides citizens, elected officials, planners, and landowners with a solid basis for understanding the issues behind farmland protection, and will be an invaluable resource in developing techniques and programs for achieving long-term protection goals.