HB 1301-LOCAL – AS INTRODUCED
2006 SESSION
06/10
HOUSE BILL 1301-LOCAL
AN ACT relative to the purchase of conservation, preservation, and agricultural preservation restrictions.
SPONSORS: Rep. Newton, Straf 1; Rep. Giuda, Graf 5
COMMITTEE: Municipal and County Government
This bill makes the prohibited conduct provisions of the real estate practice act applicable to the purchase of conservation, preservation, and agricultural preservation easements.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06-2208
06/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to the purchase of conservation, preservation, and agricultural preservation restrictions.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Interests in Real Estate; Certain Practices Prohibited. Amend RSA 477:47 to read as follows:
477:47 Interests in Real Estate.
I. Conservation, preservation, and agricultural preservation restrictions are interests in real estate and a document creating such a restriction shall be deemed a conveyance of real estate for purposes of RSA 477:3 and 3-A relating to execution and recording. Such a restriction may be enforced by an action at law or by injunction or other proceeding in equity. No grantee or contingent grantee interest in such a restriction shall be created by any document unless it bears the notarized signature of the grantee or contingent grantee.
II. Notwithstanding RSA 331-A:4, V, when public funds are used in the purchase of conservation, preservation, and agricultural preservation restrictions, the agent or agency acting for the contributor of public funds and the grantee named on the conservation easement to be purchased shall follow the applicable prohibited conduct provisions of RSA 331-A:26. In applying RSA 331-A:26, the word “licensee” shall apply to the agent or agency using the public funds and grantees named on the purchased conservation, preservation, or agricultural preservation restriction. A conservation, preservation, or agricultural preservation restriction which is purchased in violation of this paragraph shall be null and void.
2 Effective Date. This act shall take effect 60 days after its passage.