Upon the receipt of an application, and prior to assessment of any parcel of real
estate under the provisions of this division, the real estate assessor shall determine
that the real estate devoted to open-space use consists of a minimum of five acres
and that such real estate meets the criteria set forth in section 3-2-201 and the standards prescribed thereunder to qualify for open-space use; he may request
an opinion from the state director of the department of conservation and economic
development, state commission of outdoor recreation or state commissioner of agriculture
and commerce. Upon the refusal of the commissioner of agriculture and commerce, the
director of the department of conservation and economic development or the director
of the commission of outdoor recreation to issue an opinion, or in the event of an
unfavorable opinion which does not comport with standards set forth in the statements
filed pursuant to this section, the party aggrieved may seek relief from the Circuit
Court of the City of Alexandria, and in the event that the court finds in his favor,
it may issue an order which shall serve in lieu of an opinion for the purposes of
this section. (Code 1963, Sec. 36-83.7)
