HB544 (2006) Detail

Relative to the land and community heritage program.


CHAPTER 39

HB 544 – FINAL VERSION

04Jan2006… 0227h

02/23/06 1003s

2006 SESSION

05-0436

08/01

HOUSE BILL 544

AN ACT relative to the land and community heritage program.

SPONSORS: Rep. Rous, Straf 7; Rep. B. Williams, Graf 8; Rep. Babson, Carr 3; Sen. Odell, Dist 8

COMMITTEE: Environment and Agriculture

AMENDED ANALYSIS

This bill provides that easements acquired by the land and community heritage investment authority or the department of agriculture, markets, and food shall foster farm viability.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

04Jan2006… 0227h

02/23/06 1003s

05-0436

08/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT relative to the land and community heritage program.

Be it Enacted by the Senate and House of Representatives in General Court convened:

39:1 Definition Change; Easement Interests. Amend RSA 227-M:2, IV to read as follows:

IV. “Easement interests” means conservation, historic preservation, or scenic easements, development rights, or any other similar protective interest in real property held in perpetuity, or a term easement held for a specific period of time and not in perpetuity.

39:2 Public Access to Lands Purchased by The Land And Community Heritage Investment Program. Amend the introductory paragraph and paragraph I of RSA 227-M:15 to read as follows:

227-M:15 Public Access; Liability. Lands and interests in lands purchased with funds from this program by any eligible applicant shall be open in perpetuity for passive recreational purposes except as provided in paragraph I. Language to be used in easement interests secured through the program shall approximate the intent of the following:

I. There is hereby conveyed pedestrian access to, on, and across the property for hunting, fishing, and transitory passive recreational purposes, but not camping, by members of the public. A grantor may reserve the right to post against vehicles, motorized or otherwise and against [hunting on] access to active livestock fields, against access to agricultural cropland during planting and growing season, and against access to forest land during harvesting or establishment of plantations. Such term easements as described in RSA 227-M:2, IV will be granted where participation in such program fosters farm viability entered into by the authority or the department of agriculture, markets, and food.

39:3 Effective Date. This act shall take effect 60 days after its passage.

Approved: April 18, 2006

Effective: June 17, 2006