Connecticut 2020 Regular Session

Connecticut House Bill HB05345 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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3	3	LCO No. 1561 1 of 4
4	4
5	5	General Assembly Raised Bill No. 5345
6	6	February Session, 2020
7	7	LCO No. 1561
8	8
9	9
10	10	Referred to Committee on ENVIRONMENT
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12	12
13	13	Introduced by:
14	14	(ENV)
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19	19	AN ACT CONCERNING ST ATE REVIEW OF FARMLA ND
20	20	PRESERVATION TRANSAC TIONS.
21	21	Be it enacted by the Senate and House of Representatives in General
22	22	Assembly convened:
23	23
24	24	Section 1. Subsection (a) of section 22-26cc of the general statutes is 1
25	25	repealed and the following is substituted in lieu thereof (Effective October 2
26	26	1, 2020): 3
27	27	(a) There is established within the Department of Agriculture a 4
28	28	program to solicit, from owners of agricultural land, offers to sell the 5
29	29	development rights to such land and to inform the public of the 6
30	30	purposes, goals and provisions of this chapter. The commissioner [, with 7
31	31	the approval of the State Properties Review Board,] shall have the power 8
32	32	to acquire or accept as a gift, on behalf of the state, the development 9
33	33	rights of any agricultural land, if offered by the owner. Notice of the 10
34	34	offer shall be filed in the land records wherein the agricultural land is 11
35	35	situated. If ownership of any land for which development rights have 12
36	36	been offered is transferred, the offer shall be effective until the 13
37	37	subsequent owner revokes the offer in writing. The state conservation 14
38	38	and development plan established pursuant to section 16a-24 shall be 15 Raised Bill No. 5345
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42	42	LCO No. 1561 2 of 4
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44	44	applied as an advisory document to the acquisition of development 16
45	45	rights of any agricultural lands. The factors to be considered by the 17
46	46	commissioner in deciding whether or not to acquire such rights shall 18
47	47	include, but not be limited to, the following: (1) The probability that the 19
48	48	land will be sold for nonagricultural purposes; (2) the current 20
49	49	productivity of such land and the likelihood of continued productivity; 21
50	50	(3) the suitability of the land as to soil classification and other criteria for 22
51	51	agricultural use; (4) the degree to which such acquisition would 23
52	52	contribute to the preservation of the agricultural potential of the state; 24
53	53	(5) any encumbrances on such land; (6) the cost of acquiring such rights; 25
54	54	and (7) the degree to which such acquisition would mitigate damage 26
55	55	due to flood hazards. Ownership by a nonprofit organization 27
56	56	authorized to hold land for conservation and preservation purposes of 28
57	57	land which prior to such ownership qualified for the program 29
58	58	established pursuant to this section shall not be deemed to diminish the 30
59	59	probability that the land will be sold for nonagricultural purposes. After 31
60	60	a preliminary evaluation of such factors by the Commissioner of 32
61	61	Agriculture, he shall obtain and review one or more fee appraisals of the 33
62	62	property selected in order to determine the value of the development 34
63	63	rights of such property. The commissioner shall notify the Department 35
64	64	of Transportation, the Department of Economic and Community 36
65	65	Development, the Department of Energy and Environmental Protection 37
66	66	and the Office of Policy and Management that such property is being 38
67	67	appraised. Any appraisal of the value of such land obtained by the 39
68	68	owner and performed in a manner approved by the commissioner shall 40
69	69	be considered by the commissioner in making such determination. The 41
70	70	value of development rights for all purposes of this section shall be the 42
71	71	difference between the value of the property for its highest and best use 43
72	72	and its value for agricultural purposes as determined by the 44
73	73	commissioner. The use or presence of pollutants or chemicals in the soil 45
74	74	shall not be deemed to diminish the agricultural value of the land or to 46
75	75	prohibit the commissioner from acquiring the development rights to 47
76	76	such land. The commissioner may purchase development rights for a 48
77	77	lesser amount provided he complies with all factors for acquisition 49
78	78	specified in this subsection and in any implementing regulations. In 50 Raised Bill No. 5345
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80	80
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82	82	LCO No. 1561 3 of 4
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84	84	determining the value of the property for its highest and best use, 51
85	85	consideration shall be given but not limited to sales of comparable 52
86	86	properties in the general area, use of which was unrestricted at the time 53
87	87	of sale. 54
88	88	Sec. 2. Subsection (a) of section 22-26jj of the general statutes is 55
89	89	repealed and the following is substituted in lieu thereof (Effective October 56
90	90	1, 2020): 57
91	91	(a) The Commissioner of Agriculture [, with the approval of the State 58
92	92	Properties Review Board,] may acquire by purchase or accept as a gift, 59
93	93	on behalf of the state, the fee simple title of any agricultural real 60
94	94	property and any personal property related to such real property, 61
95	95	including, but not limited to, machinery, equipment, fixtures and 62
96	96	livestock. The state conservation and development plan established 63
97	97	pursuant to chapter 297 shall be used as an advisory document in 64
98	98	connection with acquisition of such property. The commissioner, in 65
99	99	deciding whether or not to acquire such property, shall consider all of 66
100	100	the factors stated in section 22-26cc and shall further consider the 67
101	101	likelihood of subsequent sale of such property by the department for 68
102	102	agricultural purposes, subject to the state's retention of development 69
103	103	rights or future purchase of such development rights if such property is 70
104	104	sold to a municipality or a nonprofit organization described in 71
105	105	subsection (b) of this section. After a preliminary evaluation of such 72
106	106	factors, the Commissioner of Agriculture shall obtain and review one or 73
107	107	more fee appraisals of the property in order to determine the value of 74
108	108	such property. Each such appraisal shall include an itemization of (1) 75
109	109	the total value of the land, (2) the value of the land as agricultural land, 76
110	110	(3) the value of the development rights of the land, and (4) the value of 77
111	111	any related personal property proposed to be included in any sale. The 78
112	112	commissioner shall give notice of any such appraisal to the Departments 79
113	113	of Transportation, Economic and Community Development and Energy 80
114	114	and Environmental Protection and the Office of Policy and 81
115	115	Management. Any such appraisal may be obtained by the owner of the 82
116	116	property and, if performed in a manner approved by the commissioner, 83
117	117	shall be considered by the commissioner in making such determination. 84 Raised Bill No. 5345
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121	121	LCO No. 1561 4 of 4
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123	123	The commissioner may purchase such property for a lesser price than 85
124	124	any price suggested by any such appraisal provided all considerations 86
125	125	for acquisition specified in this subsection are taken into account. In 87
126	126	determining the value of the property, consideration shall be given to 88
127	127	sales of comparable properties in the general vicinity. 89
128	128	This act shall take effect as follows and shall amend the following
129	129	sections:
130	130
131	131	Section 1 October 1, 2020 22-26cc(a)
132	132	Sec. 2 October 1, 2020 22-26jj(a)
133	133
134	134	Statement of Purpose:
135	135	To eliminate the State Property Review Board's review of Farmland
136	136	Preservation Program transactions in order to expedite their occurrence.
137	137	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
138	138	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
139	139	underlined.]
140	140