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Current as of January 01, 2026 | Updated by Findlaw Staff
(a) The preservation easements provided as a condition for receiving a loan under this subchapter shall include, but not be limited to, the following conditions:
(1) The preservation easement binds and runs with the farmland in perpetuity, and is not subject to the termination provisions of § 917 of this title.
(2) No residential use is allowed on the farmland subject to the preservation easement.
(3) The farming and related uses as specified under § 909(a)(5)a. through h. inclusive of this title shall be allowed.
(4) Except as expressly provided otherwise, the farmland subject to a preservation easement under this subchapter shall have the same benefits, controls and restrictions as those preservation easements otherwise acquired pursuant to the provisions of this chapter, and provided further the Foundation shall be entitled to take enforcement action as provided in § 920 of this title.
(b) The preservation easements acquired under this subchapter shall not be affected by the payment status of the loan.
Cite this article: FindLaw.com - Delaware Code Title 3. Agriculture § 946. Preservation easements - last updated January 01, 2026 | https://codes.findlaw.com/de/title-3-agriculture/de-code-sect-3-946/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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