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Kent County panel approves Clark Farm access for 4-acre Reed parcel to meet MALPF inspection rules
Summary
The Kent County Agricultural Land Preservation Board approved use of a private access across an adjacent property so the Maryland Agricultural Land Preservation Foundation can inspect a 4-acre portion of the Reed farm separated by railbanked tracks; motion passed with a mover and second and the board signaled approval.
The Kent County Agricultural Land Preservation Board voted to approve access across the neighboring Clark Farm so the Reed family can include a 4-acre area of their property in a Maryland Agricultural Land Preservation Foundation (MALPF) easement despite the acreage being separated by railbanked railroad tracks.
Board Chair K. David opened the discussion by saying the business before the board was approval of a walking path to access the Reed parcel behind the railroad track. County staff member Carla explained that MALPF requires legal access to all parts of a farm for easement payment and inspections, and that the Reeds could not obtain permission to cross the railbanked tracks from the railroad administration.
Carla told the board that because the Reeds could not secure a railroad crossing — which she described as practically impossible given the Maryland Department of Transportation Railroad Administration’s liability and annual-fee requirements — the alternative is recorded access across the adjoining Clark property so MALPF can perform periodic inspections.
Board members discussed the arrangement and noted the Clark Farm already holds an easement. A motion was made “that we approve this, grant access through the Clark Farm to the Reed property of the 4 acres separated by the railroad tracks.” The motion was moved by Brad and seconded by Tyler; the board voiced approval and the motion passed.
Carla and other participants clarified that MALPF had not required the Reeds to grant a permanent right-of-way to the small Clark parcel at the time of discussion, and that if MALPF later insisted the Reeds would likely grant access. Staff noted inspections are infrequent — described in the meeting as minimally a once-in-10-year inspection — and that the access arrangement should not materially affect the rest of either farm.
The board recorded no further formal conditions on the access at the time of the vote. Members asked and received confirmation from staff that a privately negotiated access agreement could be memorialized in land records and would carry forward if the adjacent farm changed ownership.
The board adjourned after closing this item.
