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The clipping this text was read from
The clipping this text was read from

extends use value taxation to land within the approved district are in conflict, according to Marshall. He maintained that property in an AF District is automatically under land use even if the locality has not adopted a land use ordinance. Marshall added that all other similarly classified land in the locality must also receive land use to be considered eligible for land use once an AF District is approved.

“If the Agricultural District law had a paragraph that said those tracts of land which qualify for agricultural use but cannot meet the minimum acreage criteria can enter a contract with the locality that provides the same use value benefits, then the agricultural district law would be constitutional,” Marshall contended. He added that the locality’s right to deny an Agricultural District application afforded control over the amount of acreage receiving land use taxation.

Another problem with the AF District law is large lot, zoning, according to Marshall. Any agricultural district "has the potential of being eaten up by a developer who puts large lots in. Then you won’t have an agricultural district, you’ll have a housing settlement.” Marshall advised any local governing body faced with an AF District application to seriously consider negotiating with the applicants to take off all "non-related zoning” on the property proposed for the district — or in essence, to down zone.

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