HB 1540-FN – AS INTRODUCED
2012 SESSION
06/03
HOUSE BILL 1540-FN
AN ACT relative to conservation easements on public land.
SPONSORS: Rep. Cartwright, Ches 2; Rep. D. McGuire, Merr 8
COMMITTEE: Resources, Recreation and Development
This bill prohibits the state or any of its subdivisions from granting a conservation easement on public land to a nonprofit organization.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12-2240
06/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT relative to conservation easements on public land.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Disposal of Real Estate; Conservation Easements. Amend RSA 4:40 by inserting after paragraph V the following new paragraph:
VI. The state shall not sell or grant to any non-profit organization a conservation easement on land owned by the state.
2 Powers of Counties; Conservation Easements. Amend RSA 23:1 to read as follows:
23:1 Powers as Corporate Body. Each county is a body corporate for the purpose of suing and being sued[,]; purchasing, holding, and conveying real and personal estate for county purposes, except that no county shall sell or grant to any nonprofit organization a conservation easement on land owned by the county; making all necessary contracts; and doing other necessary acts relating to the property and concerns of the county.
3 Powers and Duties of Towns; Conservation Easements. Amend RSA 31:3 to read as follows:
31:3 In General. Towns may purchase and hold real and personal estate for the public uses of the inhabitants, and may sell and convey the same, except that no town shall sell or grant to any nonprofit organization a conservation easement on land owned by the town; may recognize unions of employees and make and enter into collective bargaining contracts with such unions; and may make any contracts which may be necessary and convenient for the transaction of the public business of the town.
4 Powers of City Councils; Conservation Easements. Amend RSA 47:5 to read as follows:
47:5 City Property. The city councils shall have the care and superintendence of the city buildings, all city property, and all public squares and streets; and the power to sell or let what may be legally so disposed of, except that no city shall sell or grant to any nonprofit organization a conservation easement on land owned by the city; and to purchase property, real or personal, for the use of the city, whenever the interests or convenience of the city shall require it.
5 Effective Date. This act shall take effect 60 days after its passage.
LBAO
12-2240
12/13/11
HB 1540-FN - FISCAL NOTE
AN ACT relative to conservation easements on public land.
FISCAL IMPACT:
The New Hampshire Association of Counties and the New Hampshire Municipal Association state this bill may decrease county and local revenues by an indeterminable amount in FY 2012 and each year thereafter. There will be no impact on state revenues, or state, county, and local expenditures.
METHODOLOGY:
The New Hampshire Association of Counties states this bill would prohibit counties from selling or granting a conservation easement on land owned by the county to any non-profit organization. The Association states there are some counties that currently have conservation easements that were sold or granted to non-profit entities. The Association states to the extent any county would sell such conservation easements in the future, county revenues would decrease.
The New Hampshire Municipal Association states this bill prohibits the state and its political subdivisions from selling or granting, to any non-profit organization, a conservation easement on land it owns. The Association states to the extent municipalities currently receive compensation for the granting of such easements, there will be a decrease in local revenues as a result of this bill.
The Department of Administrative Services states this bill will likely have no fiscal impact on the state as the Department of Justice is reluctant to allow placement of any restrictions or encumbrances on state-owned land.