(a) In order for the Foundation to acquire a forestland preservation easement it shall be required that:
(1) The grantor of the forestland preservation easement has fee simple title to the real property and conveys the easement free and clear of all liens and encumbrances; and
(2) The preservation easement is granted in perpetuity in a form acceptable to the Foundation, and includes the restrictions set forth in § 934 of this title, and such other terms and conditions as specified by the Foundation.
(b) In reviewing applications for the conveyance of forestlands preservation easements the Foundation shall consider the relative cost of acquiring the easement giving due consideration to the extent to which an applicant is willing to discount the sale price below the easement value established by the Foundation.
(c) The Foundation shall approve and announce the purchase price of forestland preservation easements at its regularly scheduled meetings.
Structure Delaware Code
Chapter 9. DELAWARE AGRICULTURAL LANDS PRESERVATION ACT
Subchapter V. Forestland Preservation
§ 931. Purpose, policy and intent.
§ 932. Establishment of forestland preservation areas.
§ 933. Forestland preservation area criteria for eligibility and review.
§ 934. Forestland preservation area restrictions.
§ 935. Forestland use protections and benefits.
§ 936. Acquisition of forestland preservation easements.
§ 937. Forestland preservation easement criteria for eligibility and evaluation.