March-12-2019-Minutes - Laserfiche WebLink

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AGRICULTURAL CONSERVATION EASEMENT PROGRAM - AGRICULTURAL LAND EASEMENT 15 Grantee shall have the right to prevent violations and remedy violations of the terms of this Agricultural Land Easement through judicial action, which shall include, without limitation, the right to bring proceedings in law or in equity against any party or parties attempting to violate the terms of this Easement. Except when an ongoing or imminent violation could irreversibly diminish or impair the Conservation Values of the Protected Property, the Grantee shall give the Grantor and NCDA&CS written notice of the violation and Grantor shall have thirty (30) days to cure the violation, before commencing any legal proceedings. If a court with jurisdiction determines that a violation may exist or has occurred, the Grantee may obtain an injunction to stop the violation, temporarily or permanently. The Parties agree that a court may issue an injunction or order requiring the Grantor to restore the Protected Property to its condition prior to the violation, as restoration of the Protected Property may be the only appropriate remedy. The failure of the Grantee to discover a violation or to take immediate legal action shall not bar it from doing so at a later time. In any casecase, where a court finds no such violation has occurred, each Party shall bear its own costs. 4.8. Rights of the United States and the State of North Carolina. Subject to the United States’ right of enforcement in Paragraph 4.9 below, In in the event that the Grantee fails to enforce any of the terms of this Conservation Agricultural Land Easement, as determined in the sole discretion of the NCDA&CS , the said Commissioner of Agriculture and his or her successors and assigns shall have the right to enforce the terms of this Agricultural Land Easement through any and all authorities available under federal or state law. Secretary of the United States Department of Agriculture, the Secretary of Agriculture and his or her successors and assigns shall have the right to enforce the terms of this Easement through any and all authorities available under federal or state law. In the event that the Grantee fails to enforce any of the terms of this Easement, as determined in the discretion of the NCDA&CS, the said Commissioner of Agriculture and his or her successors and assigns shall have the right to enforce the terms of this Easement through any and all authorities available under federal or state law. In the event that Grantee attempts to terminate, transfer, or otherwise divest itself of any rights, title, or interests of this Agricultural Land Easement without the prior written consent of the Commissioner of Agriculture and payment of consideration to the State of North Carolina, then, then, at the option of the Commissioner of Agriculture, all right, title, and interest in the Agricultural Land Easement shall become vested in the State of North Carolina. Notwithstanding the foregoing, nothing in this paragraph shall affect the United States Right of Enforcement as set forth in Section 4.9. 4.9. United States Right of Enforcement. Pursuant to 16 U.S.C. § 3865 et seq., the United States is granted the right of enforcement that it may exercise only if the terms of the ALE are not enforced by the holder of the ALE. The Secretary of the United States Department of Agriculture (“USDA”) or his or her assigns, on behalf of the United States, may exercise this right of enforcement under any authority available under state or federal law if Grantee, or its successors or assigns, fails to enforce any of the terms of this ALE, as, as determined in the sole discretion of such Secretary. The United States and the State of North Carolina shall have the right to recover any and all administrative and legal costs from the Grantee, including attorney’s fees or expenses associated with any enforcement or remedial action as it relates to the enforcement of this Easement.