Delaware § 946 Preservation easements

Delaware Statutes

§ 946 — Preservation easements

Delaware § 946

JurisdictionDelaware

Title3

PartDepartment of Agriculture

Ch. 9DELAWARE AGRICULTURAL LANDS PRESERVATION ACT

Subch.Farmland Purchase and Preservation Loan Program

This text of Delaware § 946 (Preservation easements) is published on Counsel Stack Legal Research, covering Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Del. Code tit. 3, § 946 (2026).

Text

(a)The preservation easements provided as a condition for receiving a loan under this subchapter shall include, but not be limited to, the following conditions:

(1)The preservation easement binds and runs with the farmland in perpetuity, and is not subject to the termination provisions of § 917 of this title.

(2)No residential use is allowed on the farmland subject to the preservation easement.

(3)The farming and related uses as specified under § 909(a)(5)a. through h. inclusive of this title shall be allowed.

(4)Except as expressly provided otherwise, the farmland subject to a preservation easement under this subchapter shall have the same benefits, controls and restrictions as those preservation easements otherwise acquired pursuant to the provisions of this chapter, and provide

Free access — add to your briefcase to read the full text and ask questions with AI

(a) The preservation easements provided as a condition for receiving a loan under this subchapter shall include, but not be limited to, the following conditions:

(1) The preservation easement binds and runs with the farmland in perpetuity, and is not subject to the termination provisions of § 917 of this title.

(2) No residential use is allowed on the farmland subject to the preservation easement.

(3) The farming and related uses as specified under § 909(a)(5)a. through h. inclusive of this title shall be allowed.

(4) Except as expressly provided otherwise, the farmland subject to a preservation easement under this subchapter shall have the same benefits, controls and restrictions as those preservation easements otherwise acquired pursuant to the provisions of this chapter, and provided further the Foundation shall be entitled to take enforcement action as provided in § 920 of this title.

(b) The preservation easements acquired under this subchapter shall not be affected by the payment status of the loan.