§ 23-19-35 - Central landfill – Adjoining residential property.
SECTION 23-19-35
§ 23-19-35 Central landfill –Adjoining residential property. – (1) Upon the completion of the acquisition of properties to establish thebuffer zone, the corporation shall, at the option of a residential landowner,his or her successors or assigns, whose residential real property is locatedwithin one thousand feet and two thousand feet (1000' and 2000') of the entireoperational portion of the central landfill, which real property is not subjectto acquisition per § 23-19-34, and which real property has been zoned forresidential purposes since July 31, 1988, and remains zoned residential as ofOctober 1, 1989, purchase the residential real property with all the buildingsand improvements located thereon from the landowner, his or her successors orassigns, at the fair market value of the property. The property of residentiallandowners who build on land within this one thousand to two thousand foot(1000' to 2000') zone shall not be eligible for acquisition unless their homeswere built, or building permits obtained, prior to July 31, 1988.
(2) For the purposes of this section, the corporation shall:
(i) Purchase the total acreage and all buildings (ifapplicable) of any parcel which is encroached upon to any degree by the twothousand foot (2000') mark as measured from the perimeter of the entireoperational portion of the central landfill; and
(ii) Acquire first all the properties of those owners who ownparcels with residential units thereon.
(b) A residential landowner's option to sell under thissection must be exercised by June 30, 1990.