Acquisition in Fee

Fee simple is the most basic type of ownership, wherein the owner has the right to use and dispose of the property at will. Fee simple acquisition for land conservation might involve a local government or agency or land trust purchasing farms outright from willing sellers. The farms are then deed-restricted to permanently preserve them for agricultural use and can be leased or sold to a buyer interested in farming. Purchase criteria might include percentage of high quality soils; percentage of tillable acres; suitable boundaries and buffers, such as other adjacent preserved farms and open space; the local commitment to agriculture (e.g., right to farm ordinances, financial support); size of the farm; agricultural density of the area; and imminence of development. Fee simple acquisition for conservation can boost an area’s agricultural industry by providing other farmers with opportunities to purchase farmland at affordable prices that reflect only farm value, not development value.