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General Assembly Substitute Bill No. 5228
February Session, 2024
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statutes is repealed and the following is substituted in lieu thereof 2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
(b) "Commissioner" means the Commissioner of Agriculture; 15
(c) "Department" means the Department of Agriculture; 16 Substitute Bill No. 5228
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(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
enterprise or (4) the existing water and mineral rights, exclusive of 49
gravel, of the fee owner; 50 Substitute Bill No. 5228
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(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 and may include a provision that provides 66
that a municipality or a nonprofit organization authorized to hold land 67
for conservation and preservation purposes, may acquire, at such 68
municipality's or nonprofit organization's own expense, an option to 69
purchase such restricted lands at agricultural value; 70
(j) "Residences" means single-family residential dwellings and any 71
associated on-site septic disposal system or potable well; 72
(k) "Building" means (1) any permanent structure used for holding 73
animals, (2) roadside stands and farm markets for sale to the consumer 74
of food products and ornamental plants, (3) facilities for the storing of 75
equipment and products or the processing of products, and (4) animal 76
waste storage facilities; 77
(l) "Arable land" means land currently used for the production of 78
crops or pasture and land considered prime and important farmland 79
soil by the United States Department of Agriculture; 80 Substitute Bill No. 5228
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(m) "Gravel or like natural elements" means rounded or angular 81
fragments of rock and associated soil material; 82
(n) "Economically profitable farm unit" means an acreage of arable 83
land capable of producing a sustained annual gross income of 84
significant value as determined by the commissioner; 85
(o) "The property in its entirety" means the entire acreage of restricted 86
land without division or subdivision; 87
(p) "Persons directly incidental to the farm operation" means any 88
person who participates in the farm operation on the restricted land on 89
a full-time basis and any owner of the restricted land regardless of 90
whether or not he participates in the farm operation on a full-time basis; 91
(q) "Option to purchase at agricultural value" means a preemptive, 92
perpetual option for a municipality or nonprofit organization 93
authorized to hold land for conservation and preservation purposes to 94
purchase restricted agricultural land at its agricultural use value; 95
(r) "Agricultural use value" means the appraised fair market value of 96
restricted agricultural land. 97
Sec. 2. Section 22-26cc of the general statutes is repealed and the 98
following is substituted in lieu thereof (Effective October 1, 2024): 99
(a) There is established within the Department of Agriculture a 100
program to solicit, from owners of agricultural land, offers to sell the 101
development rights to such land and to inform the public of the 102
purposes, goals and provisions of this chapter. The commissioner, with 103
the approval of the State Properties Review Board, shall have the power 104
to acquire or accept as a gift, on behalf of the state, the development 105
rights of any agricultural land, if offered by the owner. Notice of the 106
offer shall be filed in the land records wherein the agricultural land is 107
situated. If ownership of any land for which development rights have 108
been offered is transferred, the offer shall be effective until the 109
subsequent owner revokes the offer in writing. The state conservation 110 Substitute Bill No. 5228
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and development plan established pursuant to section 16a-24 shall be 111
applied as an advisory document to the acquisition of development 112
rights of any agricultural lands. The factors to be considered by the 113
commissioner in deciding whether or not to acquire such rights shall 114
include, but not be limited to, the following: (1) The probability that the 115
land will be sold for nonagricultural purposes; (2) the current 116
productivity of such land and the likelihood of continued productivity; 117
(3) the suitability of the land as to soil classification and other criteria for 118
agricultural use; (4) the degree to which such acquisition would 119
contribute to the preservation of the agricultural potential of the state; 120
(5) any encumbrances on such land; (6) the cost of acquiring such rights; 121
and (7) the degree to which such acquisition would mitigate damage 122
due to flood hazards. Ownership by a nonprofit organization 123
authorized to hold land for conservation and preservation purposes of 124
land which prior to such ownership qualified for the program 125
established pursuant to this section shall not be deemed to diminish the 126
probability that the land will be sold for nonagricultural purposes. After 127
a preliminary evaluation of such factors by the Commissioner of 128
Agriculture, [he] the commissioner shall obtain and review one or more 129
fee appraisals of the property selected in order to determine the value 130
of the development rights of such property, which may be based, in part, 131
on any option to purchase such property at agricultural value. The 132
commissioner shall notify the Department of Transportation, the 133
Department of Economic and Community Development, the 134
Department of Energy and Environmental Protection and the Office of 135
Policy and Management that such property is being appraised. Any 136
appraisal of the value of such land obtained by the owner and 137
performed in a manner approved by the commissioner shall be 138
considered by the commissioner in making such determination. The 139
value of development rights for all purposes of this section shall be the 140
difference between the value of the property for its highest and best use 141
and its value for agricultural purposes as determined by the 142
commissioner. The use or presence of pollutants or chemicals in the soil 143
shall not be deemed to diminish the agricultural value of the land or to 144
prohibit the commissioner from acquiring the development rights to 145 Substitute Bill No. 5228
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such land. The commissioner may purchase development rights for a 146
lesser amount provided he complies with all factors for acquisition 147
specified in this subsection and in any implementing regulations. In 148
determining the value of the property for its highest and best use, 149
consideration shall be given but not limited to sales of comparable 150
properties in the general area, use of which was unrestricted at the time 151
of sale. 152
(b) Upon the acquisition by the commissioner of the development 153
rights of agricultural land, the commissioner shall cause to be filed in 154
the appropriate land records and in the office of the Secretary of the 155
State a notice of such acquisition which shall set forth a description of 156
the agricultural land as will be sufficient to give any prospective 157
purchaser of such agricultural land or creditor of the owner thereof 158
notice of such restriction. Upon such filing, the owner of such 159
agricultural land shall not be permitted to exercise development rights 160
with respect to such land, and such development rights shall be 161
considered and deemed dedicated to the state in perpetuity, except as 162
hereinafter provided. If restricted land is to be sold, the owner shall 163
notify, in writing, the commissioner of such impending sale not [more] 164
less than ninety days before transfer of title to the land and shall provide 165
the commissioner with the name and address of the new owner. 166
(c) The commissioner shall have no power to release such land from 167
its agricultural restriction, except as set forth in this subsection. The 168
commissioner, in consultation with the Commissioner of Energy and 169
Environmental Protection and such advisory groups as the 170
Commissioner of Agriculture may appoint, may approve (1) a petition 171
by the owner of the restricted agricultural land to remove such 172
restriction provided such petition is approved by resolution of the 173
legislative body of the town, or (2) a petition by the legislative body of 174
the town in which such land is situated to remove such restriction 175
provided such petition is approved in writing by said owner. Upon 176
approval of such a petition by the commissioner, the legislative body of 177
the town shall submit to the qualified voters of such town the question 178
of removing the agricultural restriction from such land or a part thereof, 179 Substitute Bill No. 5228
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at a referendum held at a regular election or a special election warned 180
and called for that purpose. In the event a majority of those voting at 181
such referendum are in favor of such removal, the restriction shall be 182
removed from the agricultural land upon filing of the certified results of 183
such referendum in the land records and the office of the Secretary of 184
the State, and the commissioner shall convey the development rights to 185
such owner provided such owner shall pay the commissioner an 186
amount equal to the value of such rights. Such petition shall set forth the 187
facts and circumstances upon which the commissioner shall consider 188
approval, and said commissioner shall deny such approval unless he 189
determines that the public interest is such that there is an overriding 190
necessity to relinquish control of the development rights. The 191
commissioner shall hold at least one public hearing prior to the 192
initiation of any proceedings hereunder. The expenses, if any, of the 193
hearing and the referendum shall be borne by the petitioner. In the event 194
that the state sells any development rights under the procedure 195
provided in this subsection, it shall receive the value of such rights. 196
(d) Whenever the commissioner acquires the development rights of 197
any agricultural land and the purchase price of such development rights 198
is ten thousand dollars or more, said commissioner and the owner of 199
such land may enter into a written agreement which provides for the 200
payment of the purchase price in two or three annual installments, but 201
no interest shall be paid on any unpaid balance of such purchase price. 202
(e) Whenever the commissioner acquires the development rights to 203
any agricultural land, and any municipality in which all or part of the 204
land is situated paid a part of the purchase price from a fund established 205
pursuant to section 7-131q, such municipality and the state may jointly 206
own the development rights. The land may be released from its 207
agricultural restriction in accordance with the provisions of subsection 208
(c) of this section. The commissioner shall adopt regulations in 209
accordance with the provisions of chapter 54 establishing procedures for 210
the joint acquisition of development rights to agricultural land. Such 211
municipality may, additionally, hold an option to purchase such 212
agricultural land at agricultural value. 213 Substitute Bill No. 5228
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(f) The acquisition of the development rights to any agricultural land 214
by the commissioner shall not be deemed to be ownership of such land 215
and the state shall not be liable for pollution or contamination of such 216
land and no person may bring a civil action against the state for 217
damages resulting from pollution or contamination of such agricultural 218
land. 219
(g) The commissioner may issue a letter of intent requesting the 220
assistance of a nonprofit organization, as defined in Section 501(c)(3) of 221
the Internal Revenue Code of 1986, or any subsequent corresponding 222
internal revenue code of the United States, as from time to time 223
amended, in acquiring the development rights to certain agricultural 224
land. If such organization acquires such rights it may sell them to the 225
commissioner based on a purchase agreement. Such agreement may 226
include reimbursement for reasonable expenses incurred in the 227
acquisition of the rights as well as payment for the rights. The 228
commissioner may enter into joint ownership agreements to acquire the 229
development rights to any qualified agricultural land with any 230
nonprofit organization, as defined in Section 501(c)(3) of the Internal 231
Revenue Code of 1986, or any subsequent corresponding internal 232
revenue code of the United States, as from time to time amended, 233
provided the mission of such nonprofit organization is the permanent 234
protection of agricultural land for the purposes of continued 235
agricultural use. Such joint ownership agreement may include 236
provisions for the reimbursement of reasonable expenses incurred in the 237
joint acquisition of such development rights. Such nonprofit 238
organization may, additionally, hold an option to purchase such 239
agricultural land at agricultural value. 240
(h) In addition to development rights, the commissioner may acquire 241
or accept as a gift the rights of the owner to construct any residences or 242
any farm structures on agricultural land. 243
(i) The Commissioner of Agriculture, pursuant to any cooperative 244
agreement with the United States Department of Agriculture for the 245
disbursement of funds under federal law, may require that any property 246 Substitute Bill No. 5228
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to which rights are acquired under this section with such funds shall be 247
managed in accordance with a conservation plan which utilizes the 248
standards and specifications of the Natural Resources Conservation 249
Service field office technical guide and is approved by such service. 250
Additionally, such conservation plan shall require the establishment of 251
model pollinator habitat, as described in section 22-90b. Any instrument 252
by which the commissioner acquires such rights and for which any such 253
funds are used may provide for a contingent right in the United States 254
of America in the event that the state of Connecticut fails to enforce any 255
of the terms of its rights acquired under this section which failure shall 256
be determined by the United States Secretary of Agriculture. Such 257
contingent right shall entitle the secretary to enforce any rights acquired 258
by the state under this section by any authority provided under law. 259
Such instrument may provide that such rights shall become vested in 260
the United States of America in the event that the state of Connecticut 261
attempts to terminate, transfer or otherwise divest itself of any such 262
rights without the prior consent of the United States Secretary of 263
Agriculture and payment of consideration to the United States and may 264
further provide that title to such rights may be held by the United States 265
of America at any time at the request of the United States Secretary of 266
Agriculture. In connection with such an agreement, the commissioner 267
may hold the United States harmless from any action based on 268
negligence in the procurement or management of any rights acquired 269
under this section and may assure that proper title evidence is secured, 270
that the title is insured to the amount of the federal cost paid for the 271
interest of the United States of America and that, in the event of a failure 272
of title, as determined by a court of competent jurisdiction, and payment 273
of insurance to the state, the state will reimburse the United States for 274
the amount of the federal cost paid. 275
(j) The commissioner, when acquiring the development rights of any 276
agricultural lands on behalf of the state, may incorporate deed 277
requirements in accordance with the provisions of the federal Farm and 278
Ranch Lands Protection Program, 7 CFR 1491.1, et seq., or under the 279
Agricultural Conservation Easement Program, 7 CFR 1468.1, et seq., or 280 Substitute Bill No. 5228
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any successive federal farmland protection program. 281
(k) When executed, an option to purchase at agricultural value may 282
be included along with the recorded document evidencing an 283
agricultural restriction on the same land and shall exist in perpetuity, 284
run with the land and bind all future owners of the restricted land. Any 285
municipality or nonprofit organization that acquires such an option to 286
purchase at agricultural value shall be solely responsible for 287
enforcement of the option to purchase at agricultural value, at such 288
municipality's or nonprofit organization's sole cost and expense. 289
(l) Notwithstanding the provisions of subsection (k) of this section, 290
the Department of Agriculture may establish and administer a grant 291
funding program for any municipality or nonprofit organization 292
authorized to hold land for conservation and preservation purposes to 293
acquire options to purchase restricted agricultural lands at agricultural 294
value. 295
Sec. 3. Section 22-26nn of the general statutes is repealed and the 296
following is substituted in lieu thereof (Effective October 1, 2024): 297
(a) The Commissioner of Agriculture may establish a community 298
farms program for the preservation of farmland that does not meet the 299
criteria of the farmland preservation program established pursuant to 300
section 22-26cc, as amended by this act, for reasons of size, soil quality 301
or location but that may contribute to local economic activity through 302
agricultural production. The commissioner may purchase up to one 303
hundred per cent of the value of development rights directly from an 304
eligible owner, or may acquire development rights on qualifying 305
farmland jointly with a municipality, subject to the appraisal and review 306
required by the regulations adopted pursuant to this section. For the 307
purposes of this section, "development rights" and "owner" have the 308
same meanings as provided in section 22-26bb, as amended by this act. 309
(b) If the Commissioner of Agriculture establishes a program in 310
accordance with subsection (a) of this subsection, the commissioner 311
shall, in consultation with the Farmland Preservation Advisory Board 312 Substitute Bill No. 5228
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established under section 22-26ll, establish criteria for said program. 313
Such criteria shall give preference to farms that produce food or fiber, 314
and at a minimum shall consider (1) the probability that the land will be 315
sold for nonagricultural purposes, (2) the current productivity of the 316
land and the likelihood of continued productivity of such land, (3) the 317
suitability of the land for agricultural use, including whether the soil is 318
classified as locally important soils by the United States Department of 319
Agriculture, and (4) the demonstrated level of community support for 320
preservation of the parcel. The commissioner shall, in consultation with 321
said board, consider mechanisms that encourage continuation of the 322
land in agricultural production to maintain its long-term availability 323
and affordability for future generations of farmers, including, but not 324
limited to, deed restrictions or stewardship requirements. 325
(c) Upon the acquisition by the commissioner of the development 326
rights to agricultural land pursuant to this section, the commissioner 327
shall cause to be filed in the appropriate land records and in the office 328
of the Secretary of the State a notice of such acquisition which shall set 329
forth a description of the agricultural land as will be sufficient to give 330
any prospective purchaser of such agricultural land or creditor of the 331
owner thereof notice of such restriction. Upon such filing, the owner of 332
such agricultural land shall not be permitted to exercise development 333
rights with respect to such land, and such development rights shall be 334
considered and deemed dedicated to the state in perpetuity, except as 335
hereinafter provided. If restricted land is to be sold, the owner shall 336
notify the commissioner, in writing, of such impending sale not [more] 337
less than ninety days before transfer of title to the land and shall provide 338
the commissioner with the name and address of the new owner. 339
(d) The Commissioner of Agriculture shall have no power to release 340
such land from its agricultural restriction, except as set forth in this 341
subsection. The Commissioner of Agriculture, in consultation with the 342
Commissioner of Energy and Environmental Protection and such 343
advisory groups as the Commissioner of Agriculture may appoint, may 344
approve (1) a petition by the owner of the restricted agricultural land to 345
remove such restriction provided such petition is approved by 346 Substitute Bill No. 5228
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resolution of the legislative body of the town, or (2) a petition by the 347
legislative body of the town in which such land is situated to remove 348
such restriction provided such petition is approved in writing by said 349
owner. Upon approval of such a petition by the Commissioner of 350
Agriculture, the legislative body of the town shall submit to the 351
qualified voters of such town the question of removing the agricultural 352
restriction from such land or a part thereof, at a referendum held at a 353
regular election or a special election warned and called for that purpose. 354
In the event a majority of those voting at such referendum are in favor 355
of such removal, the restriction shall be removed from the agricultural 356
land upon filing of the certified results of such referendum in the land 357
records and the office of the Secretary of the State, and the 358
Commissioner of Agriculture shall convey the development rights to 359
such owner provided such owner shall pay the Commissioner of 360
Agriculture an amount equal to the value of such rights. Such petition 361
shall set forth the facts and circumstances upon which the 362
Commissioner of Agriculture shall consider approval, and said 363
commissioner shall deny such approval unless said commissioner 364
determines that the public interest is such that there is an overriding 365
necessity to relinquish control of the development rights. The 366
Commissioner of Agriculture shall hold at least one public hearing prior 367
to the initiation of any proceedings hereunder. The expenses, if any, of 368
the hearing and the referendum shall be borne by the petitioner. In the 369
event that the state sells any development rights under the procedure 370
provided in this subsection, it shall receive the value of such rights. 371
(e) Whenever the Commissioner of Agriculture acquires the 372
development rights of any agricultural land pursuant to this section and 373
the purchase price of such development rights is ten thousand dollars 374
or more, said commissioner and the owner of such land may enter into 375
a written agreement which provides for the payment of the purchase 376
price in two or three annual installments, but no interest shall be paid 377
on any unpaid balance of such purchase price. 378
(f) Whenever the commissioner acquires the development rights to 379
any agricultural land, and any municipality in which all or part of the 380 Substitute Bill No. 5228
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land is situated paid a part of the purchase price from a fund established 381
pursuant to section 7-131q, such municipality and the state may jointly 382
own the development rights. The land may be released from its 383
agricultural restriction in accordance with the provisions of subsection 384
(d) of this section. The commissioner shall adopt regulations, in 385
accordance with the provisions of chapter 54, establishing procedures 386
for the joint acquisition of development rights to agricultural land. Such 387
municipality may, additionally, hold an option to purchase such 388
agricultural land at agricultural value. 389
(g) The acquisition of the development rights to any agricultural land 390
by the commissioner shall not be deemed to be ownership of such land 391
and the state shall not be liable for pollution or contamination of such 392
land and no person may bring a civil action against the state for 393
damages resulting from pollution or contamination of such agricultural 394
land. 395
(h) The commissioner may issue a letter of intent requesting the 396
assistance of a nonprofit organization, as defined in Section 501(c)(3) of 397
the Internal Revenue Code of 1986, or any subsequent corresponding 398
internal revenue code of the United States, as from time to time 399
amended, in acquiring the development rights to certain agricultural 400
land. If such organization acquires such rights it may sell them to the 401
commissioner based on a purchase agreement. Such agreement may 402
include reimbursement for reasonable expenses incurred in the 403
acquisition of the rights as well as payment for the rights. The 404
commissioner may enter into joint ownership agreements to acquire the 405
development rights to any qualified agricultural land with any 406
nonprofit organization, as defined in Section 501(c)(3) of the Internal 407
Revenue Code of 1986, or any subsequent corresponding internal 408
revenue code of the United States, as from time to time amended, 409
provided the mission of such nonprofit organization is the permanent 410
protection of agricultural land for the purposes of continued 411
agricultural use. Such joint ownership agreement may include 412
provisions for the reimbursement of reasonable expenses incurred in the 413
joint acquisition of such development rights. Such nonprofit 414 Substitute Bill No. 5228
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organization may, additionally, hold an option to purchase such 415
agricultural land at agricultural value. 416
(i) In addition to development rights, the commissioner may acquire 417
or accept as a gift the rights of the owner to construct any residences or 418
any farm structures on agricultural land. 419
(j) The Commissioner of Agriculture, pursuant to any cooperative 420
agreement with the United States Department of Agriculture for the 421
disbursement of funds under federal law, may require that any property 422
to which rights are acquired under this section with such funds shall be 423
managed in accordance with a conservation plan which utilizes the 424
standards and specifications of the Natural Resources Conservation 425
Service field office technical guide and is approved by such service. 426
Additionally, such conservation plan shall require the establishment of 427
model pollinator habitat, as described in section 22-90b. Any instrument 428
by which the commissioner acquires such rights and for which any such 429
funds are used may provide for a contingent right in the United States 430
of America in the event that the state of Connecticut fails to enforce any 431
of the terms of its rights acquired under this section which failure shall 432
be determined by the United States Secretary of Agriculture. Such 433
contingent right shall entitle the United States Secretary of Agriculture 434
to enforce any rights acquired by the state under this section by any 435
authority provided under law. Such instrument may provide that such 436
rights shall become vested in the United States of America in the event 437
that the state of Connecticut attempts to terminate, transfer or otherwise 438
divest itself of any such rights without the prior consent of the United 439
States Secretary of Agriculture and payment of consideration to the 440
United States and may further provide that title to such rights may be 441
held by the United States of America at any time at the request of the 442
United States Secretary of Agriculture. In connection with such an 443
agreement, the commissioner may hold the United States harmless from 444
any action based on negligence in the procurement or management of 445
any rights acquired under this section and may assure that proper title 446
evidence is secured, that the title is insured to the amount of the federal 447
cost paid for the interest of the United States of America and that, in the 448 Substitute Bill No. 5228
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event of a failure of title, as determined by a court of competent 449
jurisdiction, and payment of insurance to the state, the state will 450
reimburse the United States for the amount of the federal cost paid. 451
(k) The commissioner, when acquiring the development rights of any 452
agricultural lands on behalf of the state pursuant to this section, may 453
incorporate deed requirements in accordance with the provisions of the 454
federal Farm and Ranch Lands Protection Program, 7 CFR 1491.1, et 455
seq., or under the Agricultural Conservation Easement Program, 7 CFR 456
1468.1, et seq., or any successive federal farmland protection program. 457
(l) When executed, an option to purchase at agricultural value may 458
be included along with the recorded document evidencing an 459
agricultural restriction on the same land and shall exist in perpetuity, 460
run with the land, and bind all future owners of the restricted land. Any 461
municipality or nonprofit organization that acquires such an option to 462
purchase at agricultural value shall be solely responsible for 463
enforcement of the option to purchase at agricultural value at such 464
municipality's or nonprofit organization's sole cost and expense. 465
(m) Notwithstanding the provisions of subsection (l) of this section, 466
the Department of Agriculture may establish and administer a grant 467
funding program for any municipality or nonprofit organization 468
authorized to hold land for conservation and preservation purposes, to 469
acquire options to purchase restricted agricultural lands at agricultural 470
value. 471
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
ENV Joint Favorable Subst.