432:18 Definitions. –
I. ""Agricultural land development rights'' means
the rights of the fee simple owner of agricultural land to construct on, sell,
lease or otherwise improve the agricultural land for uses that result in
rendering such land no longer suitable for agricultural use. Such development
rights may be severed from the fee simple right to constitute a restriction for
the preservation of the agricultural land.
II. ""Agricultural preservation restriction''
means the restraint placed on the development rights of agricultural land,
whether stated in the form of a restriction, easement, covenant or condition,
in any deed, will or other instrument executed by or on behalf of the owner of
the land which is appropriate to retaining land or water areas predominantly in
their agricultural use, to prohibit or limit (1) construction or placement of
buildings except those used for agricultural purposes or for dwellings used for
family living by the landowner, his immediate family or employees; (2)
excavation, dredging or removal of loam, sod, peat, gravel, soil, rock or other
mineral substance in such a manner as to adversely affect the land's future
agricultural potential; or (3) other acts or uses detrimental to such retention
of the land for agricultural use.
III. ""Agricultural use'' means use of land for
agriculture, farming, dairying, pasturage, horticulture, floriculture, or
animal or poultry husbandry.
IV. ""Commissioner'' means the commissioner of the
department of agriculture, markets, and food.
V. ""Committee'' means the agricultural lands
preservation committee.
VI. ""Conservation commission'' means the
conservation commission established by a city or town pursuant to RSA 36-A.
VII. ""Governing body'' means, in the case of a
city, the city council or the board of aldermen or, in the case of a town, the
board of selectmen.
VIII. ""Municipality'' means any city or town.
IX. ""Site'' means a specific land area for
agricultural purposes in which agricultural land development rights are
acquired in order to preserve land suitable for agricultural production.
Source. 1985, 72:1. 1995, 130:4, eff. July 23, 1995.
432:19 Agricultural Lands Preservation
Committee; Members, Appointment, Term. –
II. The committee shall consist of 7 voting members and 2
nonvoting members, to be appointed as follows:
(a) The commissioner of the department of
agriculture, markets, and food who shall be chairman;
(b) The commissioner of the department of
resources and economic development, or his designee;
(c) The director of the office of energy
and planning, or his designee;
(d) The secretary of the agricultural
advisory board;
(e) 3 members, 2 of whom are owners and
operators of farms in the state, who shall be appointed by the governor with
the advice and consent of the council for 3 years. Of the initial appointees,
one shall hold office for one year, one for 2 years and one for 3 years;
(f) The dean of the college of life sciences
and agriculture of the university system of New Hampshire, or his designee, who
shall serve as a nonvoting member; and
(g) The New Hampshire state
conservationist of the United States Department of Agriculture Natural
Resources Conservation Service, or his designee, who shall serve as a nonvoting
member.
III. Members of the committee who are not state employees
shall be paid $25 a day, each, for such time as they are actually engaged in
the work of the committee. All members shall be paid their actual expenses
incurred as a result of such work and shall be paid mileage at the same rate as
state employees.
IV. A majority of the voting members of the committee shall
constitute a quorum.
Source. 1985, 72:1. 1995, 130:4; 206:2, eff. Aug. 11, 1995. 2003,
319:9, eff. July 1, 2003. 2004, 257:44, eff. July 1, 2004.
Source. 1985, 72:1. 1995, 130:4; 206:2, eff. Aug. 11, 1995. 2003,
319:9, eff. July 1, 2003.
432:20 Duties of the Committee. –
(a) The degree to which the acquisition
would serve to preserve the agricultural potential of the state;
(b) The suitability of land as to soil
classification and other criteria for agricultural use; and
(c) The fair market value of such land
pursuant to RSA 75:1 as determined by an independent appraisal and the fair
market value of such land when used for agricultural purposes which shall be
the top of the value range for horticultural crops as established by the
current use board. The landowner shall bear the expense of the appraisal of the
land to be acquired.
II. The committee shall prepare an annual report. Such
report shall include the number and geographic distribution of sites accepted
and rejected, the acreage and costs of purchases, and such other information as
will enable the program to be evaluated. The report shall be submitted to the governor
and council.
Source. 1985, 72:1. 1986, 15:2. 1991, 281:24, eff. Aug. 17, 1991.
432:21 Duties of the Commissioner. –
I. [Repealed.]
II. Adopt rules relative to criteria to define and classify
agricultural lands.
III. Adopt rules relative to procedures for the purchasing
of agricultural land development rights by the state.
IV. Adopt rules relative to procedures for the release of a
site from agricultural preservation restrictions.
V. Fulfill any duties delegated by the committee pursuant to
this subdivision.
Source. 1985, 72:1. 1986, 15:3, eff. April 18, 1986.
432:22 Procedure for Administration.
–
II. The committee shall determine the amount due to the
affected agricultural landowner and authorize the commissioner to pay such
amount to the owner. Agricultural land development rights purchased pursuant to
this section shall be held in the name of the state of New Hampshire.
III. The determination of such amounts shall be equitable in
consideration of anticipated benefits from the proposed site but not to exceed
the difference between the fair market value of such land and the fair market
value of such land restricted for agricultural purposes pursuant to this
subdivision.
IV. The rights acquired pursuant to the purchase agreement
shall not be sold or otherwise conveyed to a third party without consent of the
landowner, nor does such purchase grant the public any right of access or right
of use of the affected property.
V. The committee shall view each parcel subject to
agricultural preservation restriction not less than once every 2 years to
assure that its use complies with law and the rules of the committee. The
committee may delegate responsibility for monitoring of the agricultural
preservation restriction to the conservation commission in the municipality, or
to the conservation district, in which the parcel is situated. Such commission
or district shall submit a report of its inspection to the committee in a
timely manner.
Source. 1985, 72:1. 1986, 15:4, eff. April 18, 1986.
432:23 Assessments. –
Source. 1985, 72:1. 1991, 281:25, eff. Aug. 17, 1991.
432:24 Release. –
II. Agricultural preservation restrictions may be released
by the committee if the site is no longer suitable for agricultural purposes.
An owner of an agricultural preservation site may request the committee's
approval to release the restriction for the public good. Prior to the release
of the agricultural land development rights by the committee, a public hearing
shall be conducted in the municipality in which the site is located. A notice
of said hearing shall specify the grounds for the hearing as well as the date,
time and place, and at least 14 days' notice of the time and place of such
hearing shall be published in a paper of general circulation in the
municipality. A legal notice of the hearing shall also be posted in at least 3
public places in such city or town. The 14 days shall not include the day of
publication nor the day of the meeting, but shall include any Saturdays,
Sundays and legal holidays within said period. At least 2 committee members
shall sit on the hearing panel.
III. Development rights of agricultural land purchased with
public funds may be released upon repayment by the landowner of a reasonable
value thereof which shall not be less than the difference between fair market
value of such land at the time of such release and the fair market value of
such land restricted for agricultural purposes at the time that development
rights were acquired.
Source. 1985, 72:1. 1986, 15:5, eff. April 18, 1986.
432:25 Development Rights Acquired by Public
Bodies. –
II. The restrictions may be released, in whole or in part,
by the holder for consideration in an amount determined by the governmental
body or charitable corporation or trust that purchased the development rights.
Prior to release of restriction by a governmental body, a public hearing shall
be conducted in the municipality in which the site is located. A notice of said
hearing shall specify the grounds for the hearing as well as the date, time and
place, and at least 14 days' notice of the time and place of such hearing shall
be published in a paper of general circulation in the municipality. A legal
notice of the hearing shall also be posted in at least 3 public places in such
city or town. The 14 days shall not include the day of publication nor the day
of the meeting, but shall include any Saturdays, Sundays and legal holidays
within said period.
Source. 1985, 72:1. 1986, 15:7, eff. April 18, 1986.
432:26 Public Interest. –
Source. 1985, 72:1, eff. July 1, 1985.
432:27 Recording. –
II. Municipal planning boards and regional planning
commissions established pursuant to RSA 673 or RSA 36 shall be notified in
writing by the commissioner of the acquisition or release of an agricultural
preservation site which shall be duly noted in the master plan of the
municipality or region.
Source. 1985, 72:1. 1986, 15:6, eff. April 18, 1986.
432:28 Covenants Already in Force Relating
to the Affected Site. –
Source. 1985, 72:1, eff. July 1, 1985.
432:29 Land for Public Use; Eminent Domain,
Easements by Public Utilities. –
II. Public utility companies may obtain easements by eminent
domain on sites designated agricultural preservation restriction areas for the
purpose of utility services; provided, however, the utility (1) gives thorough
consideration to alternative areas before such land can be taken; (2)
guarantees the minimum practicable interference with agricultural operations
with respect to width of easement, pole location and other pertinent matters;
(3) obtains all necessary licenses, permits, approvals and other authorizations
from the appropriate government agencies; and (4) compensates the landowner in
the same manner and at the same fair market value as if the land were not
designated as an agricultural preservation site.
III. The committee shall be consulted prior to the taking of
any property pursuant to this section. If the committee determines there was a
taking contrary to the provisions of this section, it shall have the right of
appeal to the superior court on behalf of the landowner.
Source. 1985, 72:1, eff. July 1, 1985.
432:30 Special Account; Bonds Authorized. –
II. To provide funds for any appropriation made for the
account established in RSA 432:30, I, the state treasurer may borrow upon the
credit of the state a sum as approved by the general court and issue bonds and
notes in the name of and on behalf of the state in accordance with RSA 6-A. Any
bonds issued under this section shall be payable not later than 10 years from
their date or dates of issue.
III. The payment of principal and interest on the bonds and
notes issued for the purposes of this subdivision shall be made when due from
the general fund.
Source. 1985, 72:1. 1986, 15:8, eff. April 18, 1986.
432:31 Contributions. –
Source. 1985, 72:1, eff. July 1, 1985.
432:31-a Governor and Council
Approval. –
Source. 1985, 304:3, eff. Aug. 13, 1985.
432:32 Agricultural Operation. –
Source. 1985, 72:1, eff. July 1, 1985.
432:33 Immunity from Suit. –
Source. 1985, 72:1, eff. July 1, 1985.
432:34 Negligent or Improper
Operations. –
Source. 1985, 72:1, eff. July 1, 1985.
432:35 Limits. –
Source. 1985, 72:1. 1989, 339:27. 1995, 130:5. 1996, 228:108, eff.
July 1, 1996.