PDR in Texas

Texas is losing its rural lands at a faster rate than any other state in the country. Between 1982 and 1997, Texas lost 2.3 million acres of productive farmland. The average land value in Texas is five times higher if it is used for non-agriculture rather than agriculture. Farmers and ranchers in Texas today are faced with escalating land costs, extreme weather such as drought and flooding, shrinking commodity costs, and encroaching development. Many landowners are finding that their property is worth much more to developers to build residential areas.

PDR is a voluntary option for landowners who never want to sell their land. Just as mineral rights attached to a parcel of land can be bought and sold, a willing landowner can sell the development rights to an entity such as a non-profit land trust or government entity. The program compensates landowners for the development value of their property, yet allows the landowner to retain the property and keep it in a non-developed state enabling continued ranching, farming and other rural uses to continue.

In 2005 the Texas Legislature enacted S.B. 1273 which was signed by Governor Perry creating creating the Texas Farm and Ranch Lands Conservation Program grant program under the Texas General Land Office that will provide landowners with financial incentives to conserve Texas' agriculture and natural resources through the voluntary sale of either perpetual or term conservation easements. An agricultural easement is designed to conserve water quality and quantity, protect wildlife habitat, and/or preserve tracts of land threatened with urban sprawl. The bill also established the Texas Farm and Ranch Lands Conservation Fund and the Texas Farm and Ranch Lands Council, which will select the fund's recipients

Buckland, J. 1987 History and use of purchase of development rights in the United States. Landscape and Urban Planning, 14(3) 237-252.

Robert A. Johnston and Mary E. Madison 1997. From Landmarks to Landscapes: A Review of Current Practices in the Transfer of Development Rights, Journal of the American Planning Association, Vol. 63

Daniels, Tom and Deborah Bowers. 1997. Holding Our Ground: Protecting American Farms and Farmland. Island Press: Washington, D.C. 1997. http://www.islandpress.org James, Franklin J. and Dennis E. Gale. 1997. Zoning For Sale: A Critical Analysis of Transfer Development Rights Programs. Urban Institute; Land Use Series: Washington, D.C. 1997.

Platt, Rutherford H. 1996. Land Use and Society: Geography, Law, and Public Policy. Island Press: Washington, D.C. 1996.

Ziegler, Edward H. “The Transfer of Development Rights: Parts I and II,” Zoning and Planning Law Report, 18, Sept. and Oct. 1995.

Stevenson, Sarah J. 1998. "Banking on TDRs: The Government's Role as Banker of Transferable Development Rights." New York University Law Review. October. 73:1329-1376.

This document summarizes some of the findings of that report by discussing the effects of Texas land fragmentation on our citizens, wildlife, farming, ranching and water supplies. It also outlines recommendations made by Texas A&M Extension and the American Farmland Trust with an eye toward conserving family lands and the Texas land of our memory. http://landinfo.tamu.edu/projects/aft/AFT_GoingGoingGonelow.pdf

This report identifies Maryland's most strategic farmland areas, outlines a model farmland protection program, and offers an assessment of how well existing state and local programs are protecting the strategic farmland identified on the maps. Accessed August 31, 2007 at: http://www.farmland.org/merch/publist.htm

Lancaster County, Pennsylvania, is a leading agricultural area, and has formed a nationally recognized farmland protection strategy with several complementary techniques: agricultural zoning, agricultural districts, farm property tax deferral, the purchase of development rights, transfer of development rights, and urban growth boundaries. The purchase of development rights program has protected over 22,000 acres prior to 2000. Accessed August 31, 2007 at: www.farmfoundation.org/1998NPPEC/daniels.pdf

Nelson A. C. and J. B. Duncan. 1995. Growth Management Principles and Practices. Planners Press, Chicago, IL.