Guam § 65201 - Establishment of Preserves.

§ 65201. Establishment of Preserves.

(a) Beginning January 1, 1974, the Department, after a public

hearing may establish agricultural preserves. No later than thirty

(30) days prior to any such hearing the Department shall publish

in a newspaper of general circulation in Guam a notice which shall

include a legal description, or the assessor’s parcel number, of the

land which is proposed to be included within the preserve. Such

preserve shall be established for the purpose of defining the

boundaries of those areas within which the Department will be

willing to enter into contracts pursuant to this Chapter. An

agricultural preserve shall consist of no less than ten hectares;

provided, that in order to meet this requirement, two or more

parcels may be combined if they are contiguous or if they are in

common ownership.

(b) The Department may establish agricultural preserves of

less than ten hectares if it finds that smaller preserves are

necessary due to the unique characteristics of the agricultural

enterprises in the area, and that the establishment of preserves of

less than ten hectares is consistent with the general plans of the

Department.

(c) An agricultural preserve may contain land other than

agricultural land, but the use of any land within the preserve and

not under contract shall within two years of the effective date of

any contract on land within the preserve be restricted by zoning or

other suitable means in such a way as not to be incompatible with

the agricultural use of the land, the use of which is limited by

contract in accordance with this Chapter.

(d) Failure on the part of the Department to restrict the use of

land within a preserve but not subject to contract shall not be

sufficient reason to cancel or otherwise invalidate a contract.