Funding to Purchase Property or Development Rights

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Construction of commercial and residential developments on land adjacent to or near military operating areas can put civilians in danger and threaten the training missions of the installation. One way states can ensure compatible land use around military installations is to create “buffer” areas through the purchase of property or development rights. Buffer areas can be created through partnerships between state and local governments and nongovernmental groups. Together, these groups can acquire real estate from willing sellers allowing the land to remain in an undeveloped state under control of the authority, thereby reducing incompatible land use issues. It also preserves off-installation habitat to relieve current or avoid future environmental restrictions on operations.

map of states with laws on funding for property rights

 

 

 

 

 

 

 

 

 

 

 

 

 

State Laws 

Arizona

Ariz. Rev. Stat. §28-8480

California

Cal. Pub. Res. Code §10230

Florida

F.S.A. § 259.1051

Iowa

I.C.A. § 457A.1

Michigan

M.C.L.A. 324.2140 et seq.

Nebraska

Neb. Rev. St. § 76-2,111 et seq.

New York

N.Y. ENV. LAW § 54-0101

North Carolina

N.C. Gen Stat. §113-44.15 

Ohio

R.C. § 5301.67 et seq.

Oklahoma

74 Okl. St. Ann. § 5062.30 et seq.

Pennsylvania

Pa. ST. 32 P.S. § 5001 et seq.; 27 Pa. C.S.A. § 6101 et seq. 

South Carolina

South Carolina Code Annotated §27-8-10 et seq.

Texas

V.T.C.A., Natural Resources Code § 183.001

Utah

Utah Code Annotated §§ 63M-6-201

Virginia

Va. Code Ann. § 3.2-200 et seq.

Washington

Wash. Rev. Code §89.08. et seq.

West Virginia

W. Va. Code, § 20-12-1 et Seq.

Wyoming

Wyo. Stat. 1977 § 34-1-201  

Case Studies

Examples of legislation capturing laws creating funding to purchase property or development rights:

  • Arizona established a military installation fund in 2004 for military installation preservation and enhancement projects. 
  • Florida enacted the Florida Forever Act in 1999, a ten-year, $3 billion program to acquire valuable conservation land, including many lands adjacent to or near military installations.
  • Oklahoma enacted SB 1675 in 2006, which created the Oklahoma Military Base Protection Grant Program that provides matching grants to local communities. 
  • Texas voters overwhelmingly approved Proposition 20 in 2003, which authorizes state agencies to obligate up to $250 million in general obligation bonds or notes to “provide loans to defense-related communities that will be repaid by the defense-related community, for economic development projects, including projects that enhance the military value of military installations.” Proposition 20 was placed on the ballot by the state legislature in 2003 after enacting SJR 55.