What can a retiring farmer/rancher do to keep his land in agricultural use?
Most states today are mindful of the increasing amount of land being sold for residential and/or business use. Farmland can be retained indefinitely by local zoning and planning commissions or boards, at the state level by a Land Use Act, by the Right to Farm Acts, and most importantly be recognizing conservation trust easements, which monitor restrictions and limit activities on the land to agricultural endeavors.
An easement agreement can be for a time certain, (concurrent with a natural life) or perpetual (imposing the same conditions upon successive owners alike). The easement is recorded in the same manner as any other land transaction within the jurisdiction; as such it is a legal document and binding with the force of law.
Retiring farmers and ranchers may tailor the easement to meet their own criteria. The land remains what the owner wishes.
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