HB837 (2008) Detail

(2nd New Title) relative to easement interests under the land and community heritage investment program.



06Mar2007… 0382h

02Jan2008… 2582h





AN ACT relative to easement interests under the land and community heritage investment program.

SPONSORS: Rep. O'Connell, Hills 6; Rep. B. Williams, Graf 8

COMMITTEE: Resources, Recreation and Development


This bill restricts term easements used in the land and community heritage investment program to those that are a part of a farm viability program.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

06Mar2007… 0382h

02Jan2008… 2582h




In the Year of Our Lord Two Thousand Eight

AN ACT relative to easement interests under the land and community heritage investment program.

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

136:1 Easement Interest; Farm Viability Programs. 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 that is held for a specific period of time and not in perpetuity as part of a farm viability program.

136:2 New Definition; Farm Viability Program. Amend RSA 227-M:2 by inserting after paragraph V the following new paragraph:

V-a. “Farm viability program” means a program overseen by an eligible applicant under RSA 227-M:8, I that preserves farmland:

(a) By enhancing the long-term viability of farms, principally through assistance in business plan development and implementation; and

(b) By requiring term easements on farms participating in such a program and receiving assistance funded through this chapter.

136:3 Public Access; Agricultural Term Easements. Amend the introductory paragraph of RSA 227-M:15 and RSA 227-M:15, I 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] or shall be for the term of any farm viability term easement. 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 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.]

136:4 Effective Date. This act shall take effect 60 days after its passage.

Approved: June 6, 2008

Effective Date: August 5, 2008


HB837 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

HB837 Revision: 12010 Date: Jan. 1, 2008, midnight