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Public commenter urges grandfathering of agricultural preservation agreements, warns of legal concerns
Summary
Theresa Roman told the commission that repealing and replacing prior agricultural preservation district (APD) rules could be unfair and potentially illegal for landowners who entered binding agreements; she asked that existing APD agreements be grandfathered and not applied retroactively.
Theresa Roman addressed the commission during public comment, urging that existing agricultural preservation district (APD) agreements not be made subject to a new, single ruleset without grandfathering.
Roman said many landowners joined the APD under specific, legally binding terms and that applying new rules retroactively would be unfair and "potentially illegal." She referenced remarks at the Aug. 20 meeting by county attorney John Mattingly, saying he had acknowledged the change raised legal concerns and could be considered "a taking." Roman asked the commission to reconsider the approach and to ensure existing APD agreements remain honored under their original terms.
