(b) The owner of qualified land and a potential purchaser of an agricultural conservation easement should consider and negotiate easement terms, including the following considerations:

1. (1) whether the landowner will receive a lump sum or annual payments;
2. (2) whether the term of the easement shall be perpetual or for a term of 30 years;
3. (3) whether a term easement is renewable;
4. (4) whether the landowner retains limited development rights; and
5. (5) the purchase price of the easement.

(c) An agricultural conservation easement may not be assigned to or enforced by a third party without the express written consent of the landowner.

Transferred, redesignated and amended from Natural Resources Code, Subchapter B, Chapter 183 by Acts 2015, 84th Leg., R.S., Ch. 401 (H.B. 1925), Sec. 1, eff. June 10, 2015.