Ala. Admin. Code r. 160-X-1-.01

Current through Register Vol. 43, No. 1, October 31, 2024

Section 160-X-1-.01 - Land Use Agreements

(1) Land Use Agreements Versus Permanently Disposing of Land. Bear Creek Development Authority (BCDA) will make property and property rights available for shoreline use and development commensurate with land use plans developed for each of the four reservoirs within the Bear Creek Project. These disposal actions with individuals, groups, organizations, or governmental entities can be for a specified time, indefinite periods, or permanent and at an appropriate fee established by BCDA. BCDA prefers to make property rights available through term agreements rather than permanently disposing of interest in land.

(2) Leasing (Commercial and Industrial) - The length of the lease may be for up to twenty-five (25) years; an option for the same period is negotiable. The annual lease payment will be 10 percent of the appraised value of the property. The property will be reappraised at the end of each five (5) year period by a licensed appraiser approved by BCDA. The annual lease payment for the remaining term will be 10 percent of the new appraised value. For commercial recreation, the lease payment may at BCDA's option be negotiated on a percentage of gross income, depending on public and private land mix or the revenue generated on public lands.

(3) Sale of Fee - Will only be sold at public auction with the current fair market value of the property as approved by TVA being the minimum acceptable price.

(4) Easements - BCDA may grant a term or permanent easement, for or at no fee, for such things as rights-of-way for telephone lines, power lines, roads, recreation, etc., that will benefit the public.

(5) License - Certain tracts of land, proposed for minor land uses, may be made available under a revocable license agreement when proposed use is judged to be compatible with BCDA objectives. Annual license fees will be based on a rate schedule established annually by BCDA for various land uses such as: agricultural; private recreation facilities; roads and ground improvements including lawns, planting, vistas, etc.

(6) Letter of No Objection or Letter Permit - will be required for a specific short term use.

Author:

Ala. Admin. Code r. 160-X-1-.01

Filed November 17, 1981. Amended: Filed January 10, 1986.

Statutory Authority:Code of Ala. 1975, §§ 33-15-1, et seq.