| Old | New | Differences | |
|---|---|---|---|
| 1 | - | General Assembly Substitute Bill No. 5537 | |
| 2 | - | February Session, 2012 *_____HB05537PD____032612____* | |
| 1 | + | General Assembly Raised Bill No. 5537 | |
| 2 | + | February Session, 2012 LCO No. 2435 | |
| 3 | + | *02435_______PD_* | |
| 4 | + | Referred to Committee on Planning and Development | |
| 5 | + | Introduced by: | |
| 6 | + | (PD) | |
| 3 | 7 | ||
| 4 | 8 | General Assembly | |
| 5 | 9 | ||
| 6 | - | ||
| 10 | + | Raised Bill No. 5537 | |
| 7 | 11 | ||
| 8 | 12 | February Session, 2012 | |
| 9 | 13 | ||
| 10 | - | *_____HB05537PD____032612____* | |
| 14 | + | LCO No. 2435 | |
| 15 | + | ||
| 16 | + | *02435_______PD_* | |
| 17 | + | ||
| 18 | + | Referred to Committee on Planning and Development | |
| 19 | + | ||
| 20 | + | Introduced by: | |
| 21 | + | ||
| 22 | + | (PD) | |
| 11 | 23 | ||
| 12 | 24 | AN ACT ESTABLISHING A PROPERTY TAX PROGRAM TO ENCOURAGE THE PRESERVATION OF HISTORIC BARNS. | |
| 13 | 25 | ||
| 14 | 26 | Be it enacted by the Senate and House of Representatives in General Assembly convened: | |
| 15 | 27 | ||
| 16 | 28 | Section 1. (NEW) (Effective from passage and applicable to assessment years commencing on or after October 1, 2012) (a) As used in this section: | |
| 17 | 29 | ||
| 18 | 30 | (1) "Municipality" means any city, town, borough, district or association with municipal powers; | |
| 19 | 31 | ||
| 20 | 32 | (2) "Historic agricultural structure" means a barn or other structure, including the land necessary for the function of the structure, currently or formerly used for agricultural purposes and at least seventy-five years old; | |
| 21 | 33 | ||
| 22 | - | (3) "Discretionary preservation easement" means a preservation easement over an historic agricultural structure, including the land necessary for the function of such structure, | |
| 34 | + | (3) "Discretionary preservation easement" means a preservation easement over an historic agricultural structure, including the land necessary for the function of such structure, granted to a municipality for a term of ten years; | |
| 23 | 35 | ||
| 24 | 36 | (4) "Easement agreement" means the document conveying the discretionary preservation easement; | |
| 25 | 37 | ||
| 26 | 38 | (5) "Legislative body" means the legislative body of the municipality or, where the legislative body is the town meeting, the board of selectmen or town council; | |
| 27 | 39 | ||
| 28 | - | (6) " | |
| 40 | + | (6) "Amount of assessment" means the amount of property tax due for an historic agricultural structure subject to a discretionary preservation easement, as established by the legislative body. Such amount shall be between twenty-five per cent and seventy-five per cent of the amount of property tax that would be assessed for such historic agricultural structure if such structure was not subject to such discretionary preservation easement, and shall be calculated based on the assessed value of the historic agricultural structure in the assessment year in which the legislative body approves the application for a discretionary preservation easement. Such amount shall be fixed for the term of the easement; and | |
| 29 | 41 | ||
| 30 | - | (7) "Early release penalty" means ten per cent of the amount of property tax that would be | |
| 42 | + | (7) "Early release penalty" means ten per cent of the amount of property tax that would be assessed for such historic agricultural structure if such structure was not subject to a discretionary preservation easement, calculated based on the assessed value of the historic agricultural structure in the assessment year in which such penalty is levied. | |
| 31 | 43 | ||
| 32 | - | (b) Any municipality may, by ordinance, adopt the discretionary preservation easement program described in this section. A discretionary preservation easement shall only be accepted if an historic agricultural structure (1) provides scenic enjoyment to the general public from a public road; (2) is historically important on a local, regional, state or national level, either independently or as part of an historic district established under section 7-147a of the general statutes or by special act; or (3) has physical or aesthetic features that contribute to the historic or cultural integrity of a property listed on or eligible for listing on the National Register of Historic Places, 16 USC 470a, as amended from time to time, or on the state register of historic places, as defined in section 10-410 of the general statutes. Any municipality adopting the provisions of this section may establish (A) additional eligibility criteria for accepting | |
| 44 | + | (b) Any municipality may, by ordinance, adopt the discretionary preservation easement program described in this section. A discretionary preservation easement shall only be accepted if an historic agricultural structure (1) provides scenic enjoyment to the general public from a public road; (2) is historically important on a local, regional, state or national level, either independently or as part of an historic district established under section 7-147a of the general statutes or by special act; or (3) has physical or aesthetic features that contribute to the historic or cultural integrity of a property listed on or eligible for listing on the National Register of Historic Places, 16 USC 470a, as amended from time to time, or on the state register of historic places, as defined in section 10-410 of the general statutes. Any municipality adopting the provisions of this section may establish (A) additional eligibility criteria for accepting such discretionary preservation easements, and (B) a formula by which to calculate the penalty, if any, for an early release of such easement granted in accordance with subsection (e) of this section. | |
| 33 | 45 | ||
| 34 | 46 | (c) (1) For assessment years commencing on or after October 1, 2012, any owner of an historic agricultural structure located in a municipality that has adopted the provisions of this section may, not later than July first, apply to convey to the municipality a discretionary preservation easement over such structure. Such application shall be made on a form prescribed by the legislative body and shall contain a certification by the owner that, during the term of any discretionary preservation easement accepted by the legislative body, the owner shall maintain the historic agricultural structure in keeping with its historic integrity and character. The legislative body shall conduct a public hearing on the application not later than thirty days after the date on which the application is filed and shall render its decision not later than sixty days after the date on which such application is filed. | |
| 35 | 47 | ||
| 36 | - | (2) In making its decision, the legislative body shall consider | |
| 48 | + | (2) In making its decision, the legislative body shall consider the eligibility criteria set forth in the ordinance and in subsection (b) of this section and may weigh the public benefit to be obtained against the property tax revenue that will be lost by accepting a discretionary preservation easement. If the legislative body denies an application for a discretionary preservation easement, it shall provide a written explanation of its decision to the owner. There shall be no right of appeal from a decision of the legislative body. If the legislative body approves an application, it shall establish the assessment amount for such historic agricultural structure, provided such assessment amount shall be effective only upon the execution and recording of an easement agreement in accordance with subsection (d) of this section. The assessment amount shall be established so as to reflect, in the sole discretion of the legislative body, the value of the public benefit received from the discretionary preservation easement. The legislative body shall provide written notice of its decision and the assessment amount to the owner and it may acquire a discretionary preservation easement by entering into an easement agreement with the owner. | |
| 37 | 49 | ||
| 38 | - | (d) A discretionary preservation easement shall be a burden upon the property and shall bind all transferees and assignees of such property, and shall not be assigned, transferred or released by the municipality without the consent of the owner. An easement agreement shall be recorded on the land records at the expense of the owner. Such easement agreement shall include the | |
| 50 | + | (d) A discretionary preservation easement shall be a burden upon the property and shall bind all transferees and assignees of such property, and shall not be assigned, transferred or released by the municipality without the consent of the owner. An easement agreement shall be recorded on the land records at the expense of the owner. Such easement agreement shall include the assessment amount and the terms of renewal, if any. | |
| 39 | 51 | ||
| 40 | 52 | (e) (1) The legislative body shall release a discretionary preservation easement upon request of the owner if the legislative body determines that (A) the owner cannot comply with the terms of the easement agreement due to extreme personal hardship, or (B) the historic agricultural structure has been significantly damaged or destroyed by fire, storm or any other unforeseen circumstance not within the control of the owner. Upon release of the easement, the owner shall pay an early release penalty, except that no such penalty shall be imposed if the structure has been significantly damaged or destroyed by fire, storm or any other unforeseen circumstance not within the control of the owner. | |
| 41 | 53 | ||
| 42 | 54 | (2) If, during the term of a discretionary preservation easement, the legislative body determines that the owner has failed to maintain the structure in accordance with the easement agreement, the legislative body may terminate the easement and levy an early release penalty in accordance with this subsection. | |
| 43 | 55 | ||
| 44 | 56 | (f) Upon the expiration of the term of a discretionary preservation easement, the owner may apply for a renewal if the easement agreement does not provide for automatic renewal, and the legislative body shall process such application for a renewal in the same manner as a new application. | |
| 45 | 57 | ||
| 46 | 58 | ||
| 47 | 59 | ||
| 48 | 60 | ||
| 49 | 61 | This act shall take effect as follows and shall amend the following sections: | |
| 50 | 62 | Section 1 from passage and applicable to assessment years commencing on or after October 1, 2012 New section | |
| 51 | 63 | ||
| 52 | 64 | This act shall take effect as follows and shall amend the following sections: | |
| 53 | 65 | ||
| 54 | 66 | Section 1 | |
| 55 | 67 | ||
| 56 | 68 | from passage and applicable to assessment years commencing on or after October 1, 2012 | |
| 57 | 69 | ||
| 58 | 70 | New section | |
| 59 | 71 | ||
| 60 | - | Statement of | |
| 72 | + | Statement of Purpose: | |
| 61 | 73 | ||
| 62 | - | ||
| 74 | + | To authorize municipalities to enact a program that will provide property tax benefits to property owners who agree to preserve historic agricultural structures. | |
| 63 | 75 | ||
| 64 | - | ||
| 65 | - | ||
| 66 | - | PD Joint Favorable Subst. | |
| 67 | - | ||
| 68 | - | PD | |
| 69 | - | ||
| 70 | - | Joint Favorable Subst. | |
| 76 | + | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.] |