A governmental entity must prepare a written assessment before taking a proposed action likely to reduce the value of private agricultural property.
§3609. Impact assessment A. A governmental entity shall prepare a written assessment of any proposed governmental action prior to taking any proposed action that will likely result in a diminution in value of private agricultural property. B. The written assessment shall include written analyses and conclusions concerning: (1) A clear and specific identification of the governmental action and the purpose of the governmental action. (2) Whether the governmental action would constitute a physical invasion or occupation of private agricultural property. (3) The length of time that the governmental action would interfere with the use of private agricultural property. (4) Whether the governmental action would result in a diminution in value as to the affected private agricultural property and, if so, the extent thereof. (5) The extent to which the governmental action would interfere with the potential for agricultural development of the private property of owners. (6) Whether the proposed governmental action restricts or prohibits a use which is already prohibited by existing law. (7) Alternatives to the proposed action that would lessen or eliminate any adverse impact on private agricultural property. (8) An estimate of the cost to the governmental entity if the entity is required to compensate one or more private agricultural property owners. (9) The identity of the source of payment within the entity's budget or otherwise for any compensation that may be ordered. C. If there is an immediate threat to health and safety that constitutes an emergency, requires immediate governmental action, and prohibits the timely production of the assessment required in this Section, then the assessment shall be made at the earliest possible time after the governmental action is completed. D. The governmental entity preparing the assessment shall deliver copies to the governor, the commissioner of agriculture and forestry, and any affected landowners. E. The commissioner of agriculture and forestry shall promulgate guidelines for owners of private agricultural property and governmental entities to assist in determining what governmental actions are likely to result in a diminution of value of private agricultural property. Acts 1995, No. 302, §1.