TITLE XL
AGRICULTURE, HORTICULTURE AND ANIMAL HUSBANDRY

CHAPTER 432
SOIL CONSERVATION AND FARMLAND PRESERVATION

Acquisition of Agricultural Land Development Rights

Section 432:22

    432:22 Procedure for Administration. –
I. Acquisition of agricultural land development rights shall be conducted in cooperation with a landowner upon review pursuant to this section. Any proposal for designating a site as an agricultural preservation restriction area or a site for an agricultural restricted grant shall be submitted by the landowner to the committee for approval. Notwithstanding RSA 432:23, approval of a site for an agricultural restricted grant shall not be the only cause for a current use valuation as described in RSA 79-A.
II. The committee shall determine the amount due to the affected agricultural landowner and authorize the commissioner to pay such amount to the owner. Agricultural land development rights purchased pursuant to this section shall be held in the name of the state of New Hampshire.
III. The determination of such amounts shall be equitable in consideration of anticipated benefits from the proposed site but not to exceed the difference between the fair market value of such land and the fair market value of such land restricted for agricultural purposes pursuant to this subdivision.
IV. The rights acquired pursuant to the purchase agreement shall not be sold or otherwise conveyed to a third party without consent of the landowner, nor does such purchase grant the public any right of access or right of use of the affected property.
V. The committee shall view each parcel subject to agricultural preservation restriction or an agricultural restricted grant not less than once every 2 years to assure that its use complies with law and the rules of the committee. The committee may delegate responsibility for monitoring of the agricultural preservation restriction to the conservation commission in the municipality, or to the conservation district, in which the parcel is situated. Such commission or district shall submit a report of its inspection to the committee in a timely manner.

Source. 1985, 72:1. 1986, 15:4, eff. April 18, 1986. 2010, 238:5, 6, eff. July 1, 2010.