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. COL 12/29/2023 CH. 65 GUAM LAND CONSERVATION ACT

(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.