Grant award for land acquisition projects

Grant award for land acquisition projects. (1) The department shall issue a grant agreement before it awards any funds for the purchase of a fee simple or easement interest in land. The department shall require the grantee to fully execute the grant agreement prior to disbursement of any state funds for the purchase of property. (2) When a grantee is purchasing either fee simple or easement property, the department may distribute the entire state share of the purchase price to a non-interest-bearing escrow account, subject to department-approved title insurance commitment, to be released upon completion of an insured closing and conveyance of the property to the grantee. If the closing has not occurred within 15 days from the date when funds were distributed to the escrow account, the department shall notify the escrow agent to return the grant funds to the department. (3) The grantee may not convert or allow to be converted any use of the property other than that specified in the grant agreement without the prior written approval of the department. (4) The grantee may not convey any interest in the property to a third party nor allow any leases, permits, or encumbrances without the prior written approval of the department. The department may take actions necessary to avoid the placement of liens, judgments, or encumbrances against the property. (5) The party to whom the property is transferred shall be an eligible applicant under this chapter and shall agree to assume the responsibilities and limitations of the terms and conditions of the grant agreement. (6) The grantee may not close any property acquired with a grant under this chapter to the public except where approved by the department in writing. (7) The grant agreement shall recognize the state’s interest in the property acquired by the grantee and require that grantee provide adequate land management and maintenance, or, in the case of easements, monitor and enforce the conditions of the easement, in accordance with provisions contained in the grant agreement and in a land management plan approved by the department. The grantee shall declare the state’s interest in the property on the warranty deed or other appropriate instrument of conveyance recorded in the appropriate county register of deeds office, using language provided by the department. The grant agreement shall be recorded in the office of the register of deeds in the appropriate county. (8) All obligations, terms, conditions, and restrictions imposed by the grant contract shall be covenants and restrictions running with the property and shall be effective limitations on the use of the property from the date of recording of the grant contract and shall bind the grantee and all successors and assigns in perpetuity.