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General Assembly Raised Bill No. 5228
February Session, 2024
LCO No. 1550
Referred to Committee on ENVIRONMENT
Introduced by:
(ENV)
AN ACT CONCERNING THE PURCHASE OF CERTAIN LANDS AT
AGRICULTURAL VALUE.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 22-26bb of the 2024 supplement to the general 1
statutes is repealed and the following is substituted in lieu thereof 2
(Effective October 1, 2024): 3
As used in sections 22-26aa to 22-26nn, inclusive, as amended by this 4
act: 5
(a) "Agricultural land" means any land in the state suitable by 6
reference to soil types, existing and past use of such land for agricultural 7
purposes and other relevant factors for the cultivation of plants for 8
production of human food and fiber or production of other useful and 9
valuable plant products and for the production of animals, livestock and 10
poultry useful to man and the environment, and land capable of 11
providing economically profitable farm units, and may include adjacent 12
pastures, wooded land, natural drainage areas and other adjacent open 13
areas; 14 Raised Bill No. 5228
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(b) "Commissioner" means the Commissioner of Agriculture; 15
(c) "Department" means the Department of Agriculture; 16
(d) "Development rights" means the rights of the fee simple owner of 17
agricultural land to develop, construct on, sell, lease or otherwise 18
improve the agricultural land for uses that result in rendering such land 19
no longer agricultural land, but shall not be construed to include: (1) The 20
uses defined in subsection (q) of section 1-1, (2) the rights of the fee 21
owner of agricultural land to develop, construct on, sell, give or transfer 22
in any way the property in its entirety, or a portion thereof, provided 23
any such sale, gift or transfer of a portion of the property is of a property 24
that was first subject to a sale, transfer or gift of development rights on 25
or after June 28, 2023, lease the property in its entirety, or a portion 26
thereof, for a term of less than twenty-five years or otherwise improve 27
the agricultural land to preserve, maintain, operate or continue such 28
land as agricultural land, including but not limited to construction 29
thereon of residences for persons directly incidental to farm operation 30
and buildings for animals, roadside stands and farm markets for sale to 31
the consumer of food products and ornamental plants, facilities for the 32
storing of equipment and products or processing thereof or such other 33
improvements, activities and uses thereon as may be directly or 34
incidentally related to the operation of the agricultural enterprise, as 35
long as the acreage and productivity of arable land for crops is not 36
materially decreased and due consideration is given to the impact of any 37
decrease in acreage or productivity of such arable land upon the total 38
farm operation, provided any portion of land that is sold, given or 39
transferred, shall be determined in accordance with regulations adopted 40
pursuant to this chapter, except that new construction or modification 41
of an existing farm building necessary to the operation of a farm on 42
prime farmland, as defined by the United States Department of 43
Agriculture, of which the state has purchased development rights shall 44
be limited to not more than five per cent of the total of such prime 45
farmland, (3) the rights of the fee owner to provide for the extraction of 46
gravel or like natural elements to be used on the farm for purposes 47
directly or incidentally related to the operation of the agricultural 48 Raised Bill No. 5228
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enterprise or (4) the existing water and mineral rights, exclusive of 49
gravel, of the fee owner; 50
(e) "Owner" means any person, corporation, limited liability 51
company, partnership, trust, municipal corporation, public utility or 52
any other private or public entity that shall be the fee simple owner of 53
agricultural land or who shall by operation of law have the power to 54
exercise the rights of a fee simple owner; 55
(f) "Municipality" means any city, town, borough, district, or 56
association with municipal powers; 57
(g) "Prime farmland" means soils defined by the United States 58
Department of Agriculture as the best suited to producing food, feed, 59
forage, fiber and oilseed crops; 60
(h) "Restricted agricultural land" means land and the improvements 61
thereon for which development rights are held by the state of 62
Connecticut; 63
(i) "Restriction" means the encumbrance on development uses placed 64
on restricted lands as a result of the acquisition of development rights 65
by the state of Connecticut; 66
(j) "Residences" means single-family residential dwellings and any 67
associated on-site septic disposal system or potable well; 68
(k) "Building" means (1) any permanent structure used for holding 69
animals, (2) roadside stands and farm markets for sale to the consumer 70
of food products and ornamental plants, (3) facilities for the storing of 71
equipment and products or the processing of products, and (4) animal 72
waste storage facilities; 73
(l) "Arable land" means land currently used for the production of 74
crops or pasture and land considered prime and important farmland 75
soil by the United States Department of Agriculture; 76
(m) "Gravel or like natural elements" means rounded or angular 77 Raised Bill No. 5228
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fragments of rock and associated soil material; 78
(n) "Economically profitable farm unit" means an acreage of arable 79
land capable of producing a sustained annual gross income of 80
significant value as determined by the commissioner; 81
(o) "The property in its entirety" means the entire acreage of restricted 82
land without division or subdivision; 83
(p) "Persons directly incidental to the farm operation" means any 84
person who participates in the farm operation on the restricted land on 85
a full-time basis and any owner of the restricted land regardless of 86
whether or not he participates in the farm operation on a full-time basis; 87
(q) "Option to purchase at agricultural value" means a preemptive 88
option to purchase restricted agricultural land at its agricultural use 89
value; 90
(r) "Agricultural use value" means the fair market value of restricted 91
agricultural land; 92
(s) "Farmer-purchaser" means a purchaser who intends, in good faith, 93
to maintain restricted agricultural land in commercial agricultural 94
production and who can demonstrate, as determined by the holder of 95
an option to purchase at agricultural value, not less than three years of 96
farming experience and the derivation of fifty per cent or more of such 97
person's gross annual income from farming. 98
Sec. 2. Section 22-26cc of the general statutes is repealed and the 99
following is substituted in lieu thereof (Effective October 1, 2024): 100
(a) There is established within the Department of Agriculture a 101
program to solicit, from owners of agricultural land, offers to sell the 102
development rights to such land and to inform the public of the 103
purposes, goals and provisions of this chapter. The commissioner, with 104
the approval of the State Properties Review Board, shall have the power 105
to acquire or accept as a gift, on behalf of the state, the development 106
rights of any agricultural land, if offered by the owner. Notice of the 107 Raised Bill No. 5228
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offer shall be filed in the land records wherein the agricultural land is 108
situated. If ownership of any land for which development rights have 109
been offered is transferred, the offer shall be effective until the 110
subsequent owner revokes the offer in writing. The state conservation 111
and development plan established pursuant to section 16a-24 shall be 112
applied as an advisory document to the acquisition of development 113
rights of any agricultural lands. The factors to be considered by the 114
commissioner in deciding whether or not to acquire such rights shall 115
include, but not be limited to, the following: (1) The probability that the 116
land will be sold for nonagricultural purposes; (2) the current 117
productivity of such land and the likelihood of continued productivity; 118
(3) the suitability of the land as to soil classification and other criteria for 119
agricultural use; (4) the degree to which such acquisition would 120
contribute to the preservation of the agricultural potential of the state; 121
(5) any encumbrances on such land; (6) the cost of acquiring such rights; 122
[and] (7) the degree to which such acquisition would mitigate damage 123
due to flood hazards; and (8) whether the acquisition of development 124
rights will include an option to purchase at agricultural value. 125
Ownership by a nonprofit organization authorized to hold land for 126
conservation and preservation purposes of land which prior to such 127
ownership qualified for the program established pursuant to this section 128
shall not be deemed to diminish the probability that the land will be sold 129
for nonagricultural purposes. After a preliminary evaluation of such 130
factors by the Commissioner of Agriculture, he shall obtain and review 131
one or more fee appraisals of the property selected in order to determine 132
the value of the development rights of such property. The commissioner 133
shall notify the Department of Transportation, the Department of 134
Economic and Community Development, the Department of Energy 135
and Environmental Protection and the Office of Policy and Management 136
that such property is being appraised. Any appraisal of the value of such 137
land obtained by the owner and performed in a manner approved by 138
the commissioner shall be considered by the commissioner in making 139
such determination. The value of development rights for all purposes of 140
this section shall be the difference between the value of the property for 141
its highest and best use and its value for agricultural purposes as 142 Raised Bill No. 5228
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determined by the commissioner. The use or presence of pollutants or 143
chemicals in the soil shall not be deemed to diminish the agricultural 144
value of the land or to prohibit the commissioner from acquiring the 145
development rights to such land. The commissioner may purchase 146
development rights for a lesser amount provided he complies with all 147
factors for acquisition specified in this subsection and in any 148
implementing regulations. In determining the value of the property for 149
its highest and best use, consideration shall be given but not limited to 150
sales of comparable properties in the general area, use of which was 151
unrestricted at the time of sale. The commissioner may offer grants to 152
land trusts and municipalities that work to protect farmland from 153
development to purchase development rights in order to encourage the 154
continuation of land in agricultural production and maintain such land's 155
long-term availability and affordability for future generations of 156
farmers, including farmer-purchasers. The commissioner may consider 157
grant applications that utilize additional mechanisms for such purposes, 158
including, but not limited to, the option to purchase at agricultural 159
value, rights of first refusal, other deed restrictions or stewardship 160
requirements. The commissioner may allow a portion of such grant 161
funds to support the administrative costs associated with an option to 162
purchase at agricultural value. 163
(b) Upon the acquisition by the commissioner of the development 164
rights of agricultural land, the commissioner shall cause to be filed in 165
the appropriate land records and in the office of the Secretary of the 166
State a notice of such acquisition which shall set forth a description of 167
the agricultural land as will be sufficient to give any prospective 168
purchaser of such agricultural land or creditor of the owner thereof 169
notice of such restriction. Upon such filing, the owner of such 170
agricultural land shall not be permitted to exercise development rights 171
with respect to such land, and such development rights shall be 172
considered and deemed dedicated to the state in perpetuity, except as 173
hereinafter provided. If restricted land is to be sold, the owner shall 174
notify, in writing, the commissioner of such impending sale not more 175
than ninety days before transfer of title to the land and shall provide the 176 Raised Bill No. 5228
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commissioner with the name and address of the new owner. 177
(c) The commissioner shall have no power to release such land from 178
its agricultural restriction, except as set forth in this subsection. The 179
commissioner, in consultation with the Commissioner of Energy and 180
Environmental Protection and such advisory groups as the 181
Commissioner of Agriculture may appoint, may approve (1) a petition 182
by the owner of the restricted agricultural land to remove such 183
restriction provided such petition is approved by resolution of the 184
legislative body of the town, or (2) a petition by the legislative body of 185
the town in which such land is situated to remove such restriction 186
provided such petition is approved in writing by said owner. Upon 187
approval of such a petition by the commissioner, the legislative body of 188
the town shall submit to the qualified voters of such town the question 189
of removing the agricultural restriction from such land or a part thereof, 190
at a referendum held at a regular election or a special election warned 191
and called for that purpose. In the event a majority of those voting at 192
such referendum are in favor of such removal, the restriction shall be 193
removed from the agricultural land upon filing of the certified results of 194
such referendum in the land records and the office of the Secretary of 195
the State, and the commissioner shall convey the development rights to 196
such owner provided such owner shall pay the commissioner an 197
amount equal to the value of such rights. Such petition shall set forth the 198
facts and circumstances upon which the commissioner shall consider 199
approval, and said commissioner shall deny such approval unless he 200
determines that the public interest is such that there is an overriding 201
necessity to relinquish control of the development rights. The 202
commissioner shall hold at least one public hearing prior to the 203
initiation of any proceedings hereunder. The expenses, if any, of the 204
hearing and the referendum shall be borne by the petitioner. In the event 205
that the state sells any development rights under the procedure 206
provided in this subsection, it shall receive the value of such rights. 207
(d) Whenever the commissioner acquires the development rights of 208
any agricultural land and the purchase price of such development rights 209
is ten thousand dollars or more, said commissioner and the owner of 210 Raised Bill No. 5228
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such land may enter into a written agreement which provides for the 211
payment of the purchase price in two or three annual installments, but 212
no interest shall be paid on any unpaid balance of such purchase price. 213
(e) Whenever the commissioner acquires the development rights to 214
any agricultural land, and any municipality in which all or part of the 215
land is situated paid a part of the purchase price from a fund established 216
pursuant to section 7-131q, such municipality and the state may jointly 217
own the development rights. The land may be released from its 218
agricultural restriction in accordance with the provisions of subsection 219
(c) of this section. The commissioner shall adopt regulations in 220
accordance with the provisions of chapter 54 establishing procedures for 221
the joint acquisition of development rights to agricultural land. 222
(f) The acquisition of the development rights to any agricultural land 223
by the commissioner shall not be deemed to be ownership of such land 224
and the state shall not be liable for pollution or contamination of such 225
land and no person may bring a civil action against the state for 226
damages resulting from pollution or contamination of such agricultural 227
land. 228
(g) The commissioner may issue a letter of intent requesting the 229
assistance of a nonprofit organization, as defined in Section 501(c)(3) of 230
the Internal Revenue Code of 1986, or any subsequent corresponding 231
internal revenue code of the United States, as from time to time 232
amended, in acquiring the development rights to certain agricultural 233
land. If such organization acquires such rights it may sell them to the 234
commissioner based on a purchase agreement. Such agreement may 235
include reimbursement for reasonable expenses incurred in the 236
acquisition of the rights as well as payment for the rights. The 237
commissioner may enter into joint ownership agreements to acquire the 238
development rights to any qualified agricultural land with any 239
nonprofit organization, as defined in Section 501(c)(3) of the Internal 240
Revenue Code of 1986, or any subsequent corresponding internal 241
revenue code of the United States, as from time to time amended, 242
provided the mission of such nonprofit organization is the permanent 243 Raised Bill No. 5228
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protection of agricultural land for the purposes of continued 244
agricultural use. The commissioner may offer grants to land trusts and 245
municipalities that work to protect farmland from development for the 246
purchase of an option to purchase at agricultural value, as part of the 247
acquisition of development rights. Any such grant may be used to 248
acquire an option to purchase at agricultural value retroactively from 249
the landowner of restricted agricultural land. 250
(h) In addition to development rights, the commissioner may acquire 251
or accept as a gift the rights of the owner to construct any residences or 252
any farm structures on agricultural land. 253
(i) The Commissioner of Agriculture, pursuant to any cooperative 254
agreement with the United States Department of Agriculture for the 255
disbursement of funds under federal law, may require that any property 256
to which rights are acquired under this section with such funds shall be 257
managed in accordance with a conservation plan which utilizes the 258
standards and specifications of the Natural Resources Conservation 259
Service field office technical guide and is approved by such service. 260
Additionally, such conservation plan shall require the establishment of 261
model pollinator habitat, as described in section 22-90b. Any instrument 262
by which the commissioner acquires such rights and for which any such 263
funds are used may provide for a contingent right in the United States 264
of America in the event that the state of Connecticut fails to enforce any 265
of the terms of its rights acquired under this section which failure shall 266
be determined by the United States Secretary of Agriculture. Such 267
contingent right shall entitle the secretary to enforce any rights acquired 268
by the state under this section by any authority provided under law. 269
Such instrument may provide that such rights shall become vested in 270
the United States of America in the event that the state of Connecticut 271
attempts to terminate, transfer or otherwise divest itself of any such 272
rights without the prior consent of the United States Secretary of 273
Agriculture and payment of consideration to the United States and may 274
further provide that title to such rights may be held by the United States 275
of America at any time at the request of the United States Secretary of 276
Agriculture. In connection with such an agreement, the commissioner 277 Raised Bill No. 5228
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may hold the United States harmless from any action based on 278
negligence in the procurement or management of any rights acquired 279
under this section and may assure that proper title evidence is secured, 280
that the title is insured to the amount of the federal cost paid for the 281
interest of the United States of America and that, in the event of a failure 282
of title, as determined by a court of competent jurisdiction, and payment 283
of insurance to the state, the state will reimburse the United States for 284
the amount of the federal cost paid. 285
(j) The commissioner, when acquiring the development rights of any 286
agricultural lands on behalf of the state, may incorporate deed 287
requirements in accordance with the provisions of the federal Farm and 288
Ranch Lands Protection Program, 7 CFR 1491.1, et seq., or under the 289
Agricultural Conservation Easement Program, 7 CFR 1468.1, et seq., or 290
any successive federal farmland protection program. 291
Sec. 3. Section 22-26nn of the general statutes is repealed and the 292
following is substituted in lieu thereof (Effective October 1, 2024): 293
(a) The Commissioner of Agriculture may establish a community 294
farms program for the preservation of farmland that does not meet the 295
criteria of the farmland preservation program established pursuant to 296
section 22-26cc, as amended by this act, for reasons of size, soil quality 297
or location but that may contribute to local economic activity through 298
agricultural production. The commissioner may purchase up to one 299
hundred per cent of the value of development rights directly from an 300
eligible owner, or may acquire development rights on qualifying 301
farmland jointly with a municipality, subject to the appraisal and review 302
required by the regulations adopted pursuant to this section. For the 303
purposes of this section, "development rights" and "owner" have the 304
same meanings as provided in section 22-26bb, as amended by this act. 305
The commissioner may offer grants to land trusts and municipalities 306
that work to protect farmland from development to purchase 307
development rights in order to encourage the continuation of land in 308
agricultural production and maintain such land's long-term availability 309
and affordability for future generations of farmers, including farmer-310 Raised Bill No. 5228
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purchasers. The commissioner may consider grant applications that 311
utilize additional mechanisms for such purposes, including, but not 312
limited to, the option to purchase at agricultural value, rights of first 313
refusal, other deed restrictions or stewardship requirements. 314
(b) If the Commissioner of Agriculture establishes a program in 315
accordance with subsection (a) of this subsection, the commissioner 316
shall, in consultation with the Farmland Preservation Advisory Board 317
established under section 22-26ll, establish criteria for said program. 318
Such criteria shall give preference to farms that produce food or fiber, 319
and at a minimum shall consider (1) the probability that the land will be 320
sold for nonagricultural purposes, (2) the current productivity of the 321
land and the likelihood of continued productivity of such land, (3) the 322
suitability of the land for agricultural use, including whether the soil is 323
classified as locally important soils by the United States Department of 324
Agriculture, and (4) the demonstrated level of community support for 325
preservation of the parcel. The commissioner shall, in consultation with 326
said board, consider mechanisms that encourage continuation of the 327
land in agricultural production to maintain its long-term availability 328
and affordability for future generations of farmers, including, but not 329
limited to, deed restrictions or stewardship requirements. 330
(c) Upon the acquisition by the commissioner of the development 331
rights to agricultural land pursuant to this section, the commissioner 332
shall cause to be filed in the appropriate land records and in the office 333
of the Secretary of the State a notice of such acquisition which shall set 334
forth a description of the agricultural land as will be sufficient to give 335
any prospective purchaser of such agricultural land or creditor of the 336
owner thereof notice of such restriction. Upon such filing, the owner of 337
such agricultural land shall not be permitted to exercise development 338
rights with respect to such land, and such development rights shall be 339
considered and deemed dedicated to the state in perpetuity, except as 340
hereinafter provided. If restricted land is to be sold, the owner shall 341
notify the commissioner, in writing, of such impending sale not more 342
than ninety days before transfer of title to the land and shall provide the 343
commissioner with the name and address of the new owner. 344 Raised Bill No. 5228
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(d) The Commissioner of Agriculture shall have no power to release 345
such land from its agricultural restriction, except as set forth in this 346
subsection. The Commissioner of Agriculture, in consultation with the 347
Commissioner of Energy and Environmental Protection and such 348
advisory groups as the Commissioner of Agriculture may appoint, may 349
approve (1) a petition by the owner of the restricted agricultural land to 350
remove such restriction provided such petition is approved by 351
resolution of the legislative body of the town, or (2) a petition by the 352
legislative body of the town in which such land is situated to remove 353
such restriction provided such petition is approved in writing by said 354
owner. Upon approval of such a petition by the Commissioner of 355
Agriculture, the legislative body of the town shall submit to the 356
qualified voters of such town the question of removing the agricultural 357
restriction from such land or a part thereof, at a referendum held at a 358
regular election or a special election warned and called for that purpose. 359
In the event a majority of those voting at such referendum are in favor 360
of such removal, the restriction shall be removed from the agricultural 361
land upon filing of the certified results of such referendum in the land 362
records and the office of the Secretary of the State, and the 363
Commissioner of Agriculture shall convey the development rights to 364
such owner provided such owner shall pay the Commissioner of 365
Agriculture an amount equal to the value of such rights. Such petition 366
shall set forth the facts and circumstances upon which the 367
Commissioner of Agriculture shall consider approval, and said 368
commissioner shall deny such approval unless said commissioner 369
determines that the public interest is such that there is an overriding 370
necessity to relinquish control of the development rights. The 371
Commissioner of Agriculture shall hold at least one public hearing prior 372
to the initiation of any proceedings hereunder. The expenses, if any, of 373
the hearing and the referendum shall be borne by the petitioner. In the 374
event that the state sells any development rights under the procedure 375
provided in this subsection, it shall receive the value of such rights. 376
(e) Whenever the Commissioner of Agriculture acquires the 377
development rights of any agricultural land pursuant to this section and 378 Raised Bill No. 5228
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the purchase price of such development rights is ten thousand dollars 379
or more, said commissioner and the owner of such land may enter into 380
a written agreement which provides for the payment of the purchase 381
price in two or three annual installments, but no interest shall be paid 382
on any unpaid balance of such purchase price. 383
(f) Whenever the commissioner acquires the development rights to 384
any agricultural land, and any municipality in which all or part of the 385
land is situated paid a part of the purchase price from a fund established 386
pursuant to section 7-131q, such municipality and the state may jointly 387
own the development rights. The land may be released from its 388
agricultural restriction in accordance with the provisions of subsection 389
(d) of this section. The commissioner shall adopt regulations, in 390
accordance with the provisions of chapter 54, establishing procedures 391
for the joint acquisition of development rights to agricultural land. 392
(g) The acquisition of the development rights to any agricultural land 393
by the commissioner shall not be deemed to be ownership of such land 394
and the state shall not be liable for pollution or contamination of such 395
land and no person may bring a civil action against the state for 396
damages resulting from pollution or contamination of such agricultural 397
land. 398
(h) The commissioner may issue a letter of intent requesting the 399
assistance of a nonprofit organization, as defined in Section 501(c)(3) of 400
the Internal Revenue Code of 1986, or any subsequent corresponding 401
internal revenue code of the United States, as from time to time 402
amended, in acquiring the development rights to certain agricultural 403
land. If such organization acquires such rights it may sell them to the 404
commissioner based on a purchase agreement. Such agreement may 405
include reimbursement for reasonable expenses incurred in the 406
acquisition of the rights as well as payment for the rights. The 407
commissioner may enter into joint ownership agreements to acquire the 408
development rights to any qualified agricultural land with any 409
nonprofit organization, as defined in Section 501(c)(3) of the Internal 410
Revenue Code of 1986, or any subsequent corresponding internal 411 Raised Bill No. 5228
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revenue code of the United States, as from time to time amended, 412
provided the mission of such nonprofit organization is the permanent 413
protection of agricultural land for the purposes of continued 414
agricultural use. 415
(i) In addition to development rights, the commissioner may acquire 416
or accept as a gift the rights of the owner to construct any residences or 417
any farm structures on agricultural land. 418
(j) The Commissioner of Agriculture, pursuant to any cooperative 419
agreement with the United States Department of Agriculture for the 420
disbursement of funds under federal law, may require that any property 421
to which rights are acquired under this section with such funds shall be 422
managed in accordance with a conservation plan which utilizes the 423
standards and specifications of the Natural Resources Conservation 424
Service field office technical guide and is approved by such service. 425
Additionally, such conservation plan shall require the establishment of 426
model pollinator habitat, as described in section 22-90b. Any instrument 427
by which the commissioner acquires such rights and for which any such 428
funds are used may provide for a contingent right in the United States 429
of America in the event that the state of Connecticut fails to enforce any 430
of the terms of its rights acquired under this section which failure shall 431
be determined by the United States Secretary of Agriculture. Such 432
contingent right shall entitle the United States Secretary of Agriculture 433
to enforce any rights acquired by the state under this section by any 434
authority provided under law. Such instrument may provide that such 435
rights shall become vested in the United States of America in the event 436
that the state of Connecticut attempts to terminate, transfer or otherwise 437
divest itself of any such rights without the prior consent of the United 438
States Secretary of Agriculture and payment of consideration to the 439
United States and may further provide that title to such rights may be 440
held by the United States of America at any time at the request of the 441
United States Secretary of Agriculture. In connection with such an 442
agreement, the commissioner may hold the United States harmless from 443
any action based on negligence in the procurement or management of 444
any rights acquired under this section and may assure that proper title 445 Raised Bill No. 5228
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evidence is secured, that the title is insured to the amount of the federal 446
cost paid for the interest of the United States of America and that, in the 447
event of a failure of title, as determined by a court of competent 448
jurisdiction, and payment of insurance to the state, the state will 449
reimburse the United States for the amount of the federal cost paid. 450
(k) The commissioner, when acquiring the development rights of any 451
agricultural lands on behalf of the state pursuant to this section, may 452
incorporate deed requirements in accordance with the provisions of the 453
federal Farm and Ranch Lands Protection Program, 7 CFR 1491.1, et 454
seq., or under the Agricultural Conservation Easement Program, 7 CFR 455
1468.1, et seq., or any successive federal farmland protection program. 456
(l) A restriction may include a provision that enables a municipality 457
or a nonprofit land trust to acquire, at the expense of such municipality 458
or land trust, an option to purchase such restricted agricultural land at 459
agricultural value. If executed, an option to purchase at agricultural 460
value may be included within the recorded document evidencing an 461
agricultural restriction on such land and shall exist in perpetuity upon 462
such land and bind all future owners of such land. The municipality or 463
nonprofit land trust that acquires such an option to purchase at 464
agricultural value shall be solely responsible for enforcement of such 465
option at its own cost. 466
(m) Within available appropriations, the Department of Agriculture 467
may establish and administer a grant program to fund the acquisition of 468
options to purchase at agricultural value by municipalities and 469
nonprofit land trusts. 470
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2024 22-26bb
Sec. 2 October 1, 2024 22-26cc
Sec. 3 October 1, 2024 22-26nn
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Statement of Purpose:
To authorize the issuance of state funds for municipalities and
nonprofits to purchase options to purchase preserved agricultural lands
at agricultural value.
[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.]