Sec.
22-26aa. State program for the preservation of agricultural land. The
General Assembly finds that the growing population and expanding economy of the
state have had a profound impact on the ability of public and private sectors
of the state to maintain and preserve agricultural land for farming and food
production purposes; that unless there is a sound, state-wide program for its
preservation, remaining agricultural land will be lost to succeeding
generations and that the conservation of certain arable agricultural land and
adjacent pastures, woods, natural drainage areas and open space areas is vital
for the well-being of the people of Connecticut.
(P.A. 78-232, S. 1, 11.)
Sec.
22-26bb. Definitions. As used in this
chapter:
(a)
"Agricultural land" means any land in the state suitable by reference
to soil types, existing and past use of such land for agricultural purposes and
other relevant factors for the cultivation of plants for production of human
food and fiber or production of other useful and valuable plant products and
for the production of animals, livestock and poultry useful to man and the
environment, and land capable of providing economically profitable farm units,
and may include adjacent pastures, wooded land, natural drainage areas and
other adjacent open areas;
(b)
"Commissioner" means the Commissioner of Agriculture;
(c)
"Department" means the Department of Agriculture;
(d)
"Development rights" means the rights of the fee simple owner of
agricultural land to develop, construct on, sell, lease or otherwise improve
the agricultural land for uses that result in rendering such land no longer
agricultural land, but shall not be construed to include: (1) The uses defined
in subsection (q) of section 1-1, (2) the rights of the fee owner of
agricultural land to develop, construct on, sell, give or transfer in any way
the property in its entirety, lease the property for a term of less than
twenty-five years or otherwise improve the agricultural land to preserve,
maintain, operate or continue such land as agricultural land, including but not
limited to construction thereon of residences for persons directly incidental
to farm operation and buildings for animals, roadside stands and farm markets
for sale to the consumer of food products and ornamental plants, facilities for
the storing of equipment and products or processing thereof or such other
improvements, activities and uses thereon as may be directly or incidentally
related to the operation of the agricultural enterprise, as long as the acreage
and productivity of arable land for crops is not materially decreased and due
consideration is given to the impact of any decrease in acreage or productivity
of such arable land upon the total farm operation, except that new construction
or modification of an existing farm building necessary to the operation of a
farm on prime farmland, as defined by the United States Department of
Agriculture, of which the state has purchased development rights shall be
limited to not more than five per cent of the total of such prime farmland, (3)
the rights of the fee owner to provide for the extraction of gravel or like
natural elements to be used on the farm for purposes directly or incidentally
related to the operation of the agricultural enterprise or (4) the existing
water and mineral rights, exclusive of gravel, of the fee owner;
(e)
"Owner" means any person, corporation, limited liability company,
partnership, trust, municipal corporation, public utility or any other private
or public entity that shall be the fee simple owner of agricultural land or who
shall by operation of law have the power to exercise the rights of a fee simple
owner;
(f)
"Municipality" means any city, town, borough, district, or
association with municipal powers;
(g)
"Prime farmland" means soils defined by the United States Department
of Agriculture as the best suited to producing food, feed, forage, fiber and
oilseed crops;
(h)
"Restricted agricultural land" means land and the improvements
thereon for which development rights are held by the state of
(i) "Restriction" means the encumbrance on
development uses placed on restricted lands as a result of the acquisition of
development rights by the state of
(j)
"Residences" means single-family residential dwellings and any
associated on-site septic disposal system or potable well;
(k)
"Building" means (1) any permanent structure used for holding
animals, (2) roadside stands and farm markets for sale to the consumer of food
products and ornamental plants, (3) facilities for the storing of equipment and
products or the processing of products, and (4) animal waste storage
facilities;
(l)
"Arable land" means land currently used for the production of crops
or pasture and land considered prime and important farmland soil by the United
States Department of Agriculture;
(m)
"Gravel or like natural elements" means rounded or angular fragments
of rock and associated soil material;
(n)
"Economically profitable farm unit" means an
acreage of arable land capable of producing a sustained annual gross
income of significant value as determined by the commissioner;
(o)
"The property in its entirety" means the entire acreage of restricted
land without division or subdivision;
(p)
"Persons directly incidental to the farm operation" means any person
who participates in the farm operation on the restricted land on a full-time
basis and any owner of the restricted land regardless of whether or not he
participates in the farm operation on a full-time basis.
(P.A.
78-232, S. 2, 11; P.A. 81-151, S. 2, 3; P.A. 82-173, S. 1, 2; 82-472, S. 97,
183; P.A. 88-75, S. 1, 3; P.A. 89-226, S. 2, 6; P.A. 95-79, S. 82, 189; June 30
Sp. Sess. P.A. 03-6, S. 146(e), (f); P.A. 04-189, S.
1.)
History:
P.A. 81-151 amended Subdiv. (d) so that development
rights by definition preclude development that would materially decrease
acreage and productivity and is restricted to five per cent of prime farmland;
P.A. 82-173 amended the definition of development rights to exclude the right
of an owner to sell anything but the entire property, thereby prohibiting
subdivision by sale; P.A. 82-472 made a technical correction in Subdiv. (d); P.A. 88-75 redefined
"development rights" to specifically exclude owner's right to
"give or transfer" property in its entirety or to lease property for
less than twenty-five-year term and to extract gravel etc. "to be used on
the farm" and added Subdivs. (f) to (o) defining
"municipality", "prime farmland", "restricted
agricultural land", "restriction", "residences",
"building", "arable land", "gravel or like natural
elements", "economically profitable farm unit" and "the
property in its entirety"; P.A. 89-226 added Subsec.
(p) defining "persons directly incidental to the farm operation";
P.A. 95-79 redefined "owner" to include a limited liability company,
effective May 31, 1995; June 30 Sp. Sess. P.A. 03-6
replaced Commissioner and Department of Agriculture with Commissioner and
Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A.
04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A.
03-6, thereby reversing the merger of the Departments of Agriculture and
Consumer Protection, effective June 1, 2004.
Subdiv.
(a):
Cited. 212 C. 727, 739.
Subdiv.
(e):
Cited. 194 C. 129, 137.
Sec. 22-26cc. State
acquisition of development rights to agricultural land. Program established. Joint ownership by the state and a town. Assistance
of nonprofit organization. State acquisition of right
to construct residence or farm structure. (a) There is
established within the Department of Agriculture a program to solicit, from
owners of agricultural land, offers to sell the development rights to such land
and to inform the public of the purposes, goals and provisions of this chapter.
The commissioner, with the approval of the State Properties Review Board, shall
have the power to acquire or accept as a gift, on behalf of the state, the
development rights of any agricultural land, if offered by the owner. Notice of
the offer shall be filed in the land records wherein the agricultural land is
situated. If ownership of any land for which development rights have been
offered is transferred, the offer shall be effective until the subsequent owner
revokes the offer in writing. The state conservation and development plan
established pursuant to section 16a-24 shall be applied as an advisory document
to the acquisition of development rights of any agricultural lands. The factors
to be considered by the commissioner in deciding whether or not to acquire such
rights shall include, but not be limited to, the following: (1) The probability
that the land will be sold for nonagricultural purposes; (2) the current
productivity of such land and the likelihood of continued productivity; (3) the
suitability of the land as to soil classification and other criteria for
agricultural use; (4) the degree to which such acquisition would contribute to
the preservation of the agricultural potential of the state; (5) any
encumbrances on such land, (6) the cost of acquiring such rights and (7) the
degree to which such acquisition would mitigate damage due to flood hazards.
Ownership by a nonprofit organization authorized to hold land for conservation
and preservation purposes of land which prior to such ownership qualified for
the program established pursuant to this section shall not be deemed to
diminish the probability that the land will be sold for nonagricultural
purposes. After a preliminary evaluation of such factors by the Commissioner of
Agriculture, he shall obtain and review one or more fee appraisals of the
property selected in order to determine the value of the development rights of
such property. The commissioner shall notify the Department of Transportation,
the Department of Economic and Community Development, the Department of
Environmental Protection and the Office of Policy and Management that such
property is being appraised. Any appraisal of the value of such land obtained
by the owner and performed in a manner approved by the commissioner shall be
considered by the commissioner in making such determination. The value of
development rights for all purposes of this section shall be the difference
between the value of the property for its highest and best use and its value
for agricultural purposes as determined by the commissioner. The use or
presence of pollutants or chemicals in the soil shall not be deemed to diminish
the agricultural value of the land or to prohibit the commissioner from
acquiring the development rights to such land. The commissioner may purchase
development rights for a lesser amount provided he complies with all factors for
acquisition specified in this subsection and in any implementing regulations.
In determining the value of the property for its highest and best use,
consideration shall be given but not limited to sales of comparable properties
in the general area, use of which was unrestricted at the time of sale.
(b)
Upon the acquisition by the commissioner of the development rights of
agricultural land, said commissioner shall cause to be filed in the appropriate
land records and in the office of the Secretary of the State a notice of such
acquisition which shall set forth a description of the agricultural land as
will be sufficient to give any prospective purchaser of such agricultural land
or creditor of the owner thereof notice of such restriction. Upon the filing as
aforesaid of the notice, the owner of such agricultural land shall not be
permitted to exercise development rights with respect to such land, and such
development rights shall be considered and deemed dedicated to the state in
perpetuity except as hereinafter provided. If restricted land is to be sold,
the former owner shall notify, in writing, the commissioner of such impending
sale not more than ninety days before transfer of title to the land and shall
provide him with the name and address of the new owner.
(c)
The commissioner shall have no power to release such land from its agricultural
restriction, except as set forth in this subsection. The commissioner, in
consultation with the Commissioner of Environmental Protection and such advisory
groups as the Commissioner of Agriculture may appoint, may approve (1) a
petition by the owner of the restricted agricultural land to remove such
restriction provided such petition is approved by resolution of the legislative
body of the town or (2) a petition by the legislative body of the town in which
such land is situated to remove such restriction provided such petition is
approved in writing by said owner. Upon approval of such a petition by the
commissioner, the legislative body of the town shall submit to the qualified
voters of such town the question of removing the agricultural restriction from
such land or a part thereof, at a referendum held at a regular election or a
special election warned and called for that purpose. In the event a majority of
those voting at such referendum are in favor of such removal, the restriction
shall be removed from the agricultural land upon filing of the certified
results of such referendum in the land records and the office of the Secretary
of the State, and the commissioner shall convey the development rights to such
owner provided such owner shall pay the commissioner an amount equal to the
value of such rights. Such petition shall set forth the facts and circumstances
upon which the commissioner shall consider approval, and said commissioner
shall deny such approval unless he determines that the public interest is such
that there is an overriding necessity to relinquish control of the development
rights. The commissioner shall hold at least one public hearing prior to the
initiation of any proceedings hereunder. The expenses, if any, of the hearing
and the referendum shall be borne by the petitioner. In the event that the
state sells any development rights under the procedure provided in this
subsection, it shall receive the value of such rights.
(d)
Whenever the commissioner acquires the development rights of any agricultural
land and the purchase price of such development rights is ten thousand dollars
or more, said commissioner and the owner of such land may enter into a written
agreement which provides for the payment of the purchase price in two or three
annual installments, but no interest shall be paid on any unpaid balance of
such purchase price.
(e)
Whenever the commissioner acquires the development rights to any agricultural
land, and any municipality in which all or part of the land is situated paid a
part of the purchase price from a fund established pursuant to section 7-131q,
such municipality and the state may jointly own the development rights,
provided joint ownership by such municipality shall be limited to land within
its boundaries. The land may be released from its agricultural restriction in
accordance with the provisions of subsection (c) of this section. The
commissioner shall adopt regulations in accordance with the provisions of
chapter 54 establishing procedures for the joint acquisition of development
rights to agricultural land.
(f)
The acquisition of the development rights to any agricultural land by the
commissioner shall not be deemed to be ownership of such land and the state
shall not be liable for pollution or contamination of such land and no person
may bring a civil action against the state for damages resulting from pollution
or contamination of such agricultural land.
(g)
The commissioner may issue a letter of intent requesting the assistance of a
nonprofit organization, as defined in subsection (c)(3) of Section 501 of the
United States Internal Revenue Code, in acquiring the development rights to
certain agricultural land. If such organization acquires such rights it may
sell them to the commissioner based on a purchase agreement. Such agreement may
include reimbursement for reasonable expenses incurred in the acquisition of
the rights as well as payment for the rights.
(h)
In addition to development rights, the commissioner may acquire or accept as a
gift the rights of the owner to construct any residences or any farm structures
on agricultural land.
(i) The Commissioner of Agriculture, pursuant to any
cooperative agreement with the United States Department of Agriculture for the
disbursement of funds under federal law, may require that any property to which
rights are acquired under this section with such funds shall be managed in accordance
with a conservation plan which utilizes the standards and specifications of the
Natural Resources Conservation Service field office technical guide and is
approved by such service. Any instrument by which the commissioner acquires
such rights and for which any such funds are used may provide for a contingent
right in the United States of America in the event that the state of
Connecticut fails to enforce any of the terms of its rights acquired under this
section which failure shall be determined by the United States Secretary of
Agriculture. Such contingent right shall entitle the secretary to enforce any
rights acquired by the state under this section by any authority provided under
law. Such instrument may provide that such rights shall become vested in the
United States of America in the event that the state of Connecticut attempts to
terminate, transfer or otherwise divest itself of any such rights without the
prior consent of the United States Secretary of Agriculture and payment of
consideration to the United States and may further provide that title to such
rights may be held by the United States of America at any time at the request
of the United States Secretary of Agriculture. In connection with such an
agreement, the commissioner may hold the United States harmless from any action
based on negligence in the procurement or management of any rights acquired
under this section and may assure that proper title evidence is secured, that
the title is insured to the amount of the federal cost paid for the interest of
the United States of America and that, in the event of a failure of title, as
determined by a court of competent jurisdiction, and payment of insurance to
the state, the state will reimburse the United States for the amount of the federal
cost paid.
(P.A.
78-232, S. 3, 11; P.A. 79-208, S. 1, 2; P.A. 80-349, S. 2, 5; P.A. 81-151, S.
1, 3; 81-156, S. 2; P.A. 82-34, S. 1, 2; P.A. 86-16, S. 1, 2; 86-135, S. 1;
86-314, S. 1, 2; P.A. 87-184; P.A. 88-75, S. 2, 3; P.A. 95-250, S. 1; P.A.
96-211, S. 1, 5, 6; P.A. 97-171, S. 1, 2; 97-234, S. 2; June 30 Sp. Sess. P.A. 03-6, S. 146(e), (f); P.A. 04-189, S. 1.)
History:
P.A. 79-208 inserted new Subdiv. (4) in Subsec. (a) requiring
consideration of encumbrances on land in determining whether to obtain
development rights, renumbering and restating former Subdiv.
(4), required notification of departments of transportation and economic
development and of office of policy and management that land is being
appraised, substituted appraisal obtained by owner and performed in manner
approved by environmental protection department for "independent"
appraisal and added Subsec. (d) re
payment of purchase price in installments; P.A. 80-349 deleted
"pilot", qualifying nature of program, and required approval of state
properties review board for acquisition of development rights in Subsec. (a); P.A. 81-151 amended Subsec. (a) by authorizing the
commissioner to accept gifts of development rights and by giving him discretion
in the purchase price for such rights; P.A. 81-156 required use of the state
plan of conservation and development as an advisory document in development
rights requisition; P.A. 82-34 amended Subsec. (a) to
require filing of notice of the offer with the town clerk, to specify that transfer
of land does not affect offer unless new owner revokes the offer in writing and
to make land owned by a nonprofit organization authorized to hold land for
conservation and preservation purposes eligible for the program; P.A. 86-16
amended Subsec. (a) by making probability that land
will be sold for nonagricultural purposes one of the factors considered in the
acquisition of development rights rather than the major factor; P.A. 86-135
added Subsec. (e) authorizing
joint ownership by the state and towns; P.A. 86-314 amended Subsec.
(a) by adding Subdiv. (7) regarding mitigation of damage due to flood hazards and
transferred responsibility of obtaining appraisals from the commissioner of
environmental protection to the commissioner of agriculture; P.A. 87-184
amended Subsec. (a) to
stipulate that the use or presence of chemicals does not diminish the
agricultural value of the land and added Subsec. (f) regarding state liability for pollution; P.A. 88-75 (1)
amended Subsec. (a) to
provide for determination by the commissioner of the value of the property for
agricultural purposes rather than as "provided by section 12-63", (2)
amended Subsec. (c) by
requiring notification to the commissioner if restricted land is to be sold and
(3) added Subsecs. (g) and (h) re cooperation with
nonprofit organizations in acquiring development rights and re commissioner's
acceptance of owners' rights to build structures on land; P.A. 95-250 and P.A.
96-211 replaced Commissioner and Department of Economic Development with Commissioner
and Department of Economic and Community Development; P.A. 97-171 added new Subsec. (i) re
provisions in agreements with the federal government in connection with
disbursement of certain federal moneys for acquisition of land under this
section, effective
See
Sec. 2c-1 et seq. re "Sunset Law".
See
Sec. 4b-3(f) re approval or disapproval of acquisition of development rights by
the State Properties Review Board.
See
Sec. 22-26ii re commissioner's powers to enter on restricted agricultural land.
Sec. 22-26dd. Maps
of land use in state. To include soil types, crops and use classification. (a) The Secretary
of the Office of Policy and Management, acting with such assistance as may be
required from the Commissioner of Agriculture, the United States Natural
Resources Conservation Service, the Agricultural Extension Service of The
University of Connecticut and the regional planning agencies in the state,
shall have prepared such maps as are necessary to depict land use throughout
the state.
(b)
Such maps shall include, in addition to any other detail deemed appropriate by
said secretary, by use of whatever techniques of map construction as may be
required, depiction of the following: (1) Soil types, described in accordance
with classifications prescribed by the Commissioner of Agriculture; (2) land
classified as farm land, including appropriate designation as to whether the
actual use of such land for farming purposes is active or inactive; (3) types
of crops in current production on any land classified as farm land; (4) local
zoning, to the extent deemed appropriate by the Secretary of the Office of
Policy and Management; (5) existing water and sewer lines, and any such lines
currently planned in accordance with legislative or administrative action of
record in any town; and (6) land classified as forest land and open space.
(c)
Such maps shall be completed and delivered for use by the Commissioner of
Agriculture and any other use as designated by the Secretary of the Office of
Policy and Management.
(P.A.
78-232, S. 4, 11; P.A. 97-234, S. 3; June 30 Sp. Sess.
P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)
History:
P.A. 97-234 amended Subsec. (a) to change reference
to the United States Soil Conservation Service to the United States Natural
Resources Conservation Service; June 30 Sp. Sess.
P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture
and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146
of June 30 Sp. Sess. P.A. 03-6, thereby reversing the
merger of the Departments of Agriculture and Consumer Protection, effective
June 1, 2004.
Sec. 22-26ee and
22-26ff. Study of state responsibilities and opportunities for preserving and
developing
(P.A.
78-232, S. 5-7, 11; P.A. 89-204, S. 1, 2; P.A. 95-250, S. 1; P.A. 96-211, S. 1,
5, 6; P.A. 97-234, S. 11.)
Sec. 22-26gg. Regulations. The commissioner
shall adopt, in accordance with chapter 54, such regulations as he deems
necessary to carry out the purposes of this chapter.
(P.A.
78-232, S. 8, 11; P.A. 79-162.)
History:
P.A. 79-162 made regulation adoption mandatory rather than optional by
substituting "shall" for "may".
Sec.
22-26hh. State bonds authorized for purposes of this chapter. The State Bond
Commission shall have power, from time to time, to authorize the issuance of
bonds of the state in one or more series and in principal amounts not exceeding
in the aggregate eighty-nine million seven hundred fifty thousand dollars, the
proceeds of which shall be used for the purposes of section 22-26cc, provided
not more than two million dollars of said authorization shall be effective July
1, 2004, and further provided not more than two million dollars shall be used
for the purposes of section 22-26jj. All provisions of section 3-20, or the
exercise of any right or power granted thereby which are not inconsistent with
the provisions of this section are hereby adopted and shall apply to all bonds
authorized by the State Bond Commission pursuant to this section, and temporary
notes in anticipation of the money to be derived from the sale of any such
bonds so authorized may be issued in accordance with said section 3-20 and from
time to time renewed. Such bonds shall mature at such time or times not
exceeding twenty years from their respective dates as may be provided in or
pursuant to the resolution or resolutions of the State Bond Commission
authorizing such bonds. None of said bonds shall be authorized except upon a
finding by the State Bond Commission that there has been filed with it a
request for such authorization, which is signed by or on behalf of the Secretary
of the Office of Policy and Management and states such terms and conditions as
said commission, in its discretion, may require. Said bonds issued pursuant to
this section shall be general obligations of the state and the full faith and
credit of the state of Connecticut are pledged for the payment of the principal
of and interest on said bonds as the same become due, and accordingly and as
part of the contract of the state with the holders of said bonds, appropriation
of all amounts necessary for punctual payment of such principal and interest is
hereby made, and the Treasurer shall pay such principal and interest as the
same become due.
(P.A.
78-232, S. 10, 11; P.A. 79-499; P.A. 80-441, S. 1, 4; P.A. 81-370, S. 6, 13;
P.A. 82-369, S. 9, 28; June Sp. Sess. P.A. 83-33, S.
10, 17; P.A. 84-443, S. 11, 20; 84-546, S. 65, 173; P.A. 85-558, S. 13, 17;
P.A. 86-396, S. 18, 25; P.A. 87-405, S. 18, 26; P.A. 88-343, S. 12, 32; P.A.
89-331, S. 19, 30; P.A. 90-297, S. 11, 24; May Sp. Sess.
P.A. 92-7, S. 13, 36; June Sp. Sess. P.A. 93-1, S.
11, 45; P.A. 95-272, S. 10, 29; P.A. 96-181, S. 107, 121; P.A. 97-234, S. 7;
June 5 Sp. Sess. P.A. 97-1, S. 14, 20; P.A. 98-259,
S. 10, 17; P.A. 99-241, S. 12, 66; P.A. 00-203, S. 10, 11; June Sp. Sess. P.A. 00-1, S. 24, 46; June Sp. Sess.
P.A. 01-7, S. 5, 28; June Sp. Sess. P.A. 01-9, S. 94,
131; May Sp. Sess. P.A. 04-1, S. 19.)
History:
P.A. 79-499 increased bond authorization from five million fifty thousand
dollars to seven million fifty thousand dollars; P.A. 80-441 increased bond
authorization to nine million fifty thousand dollars; P.A. 81-370 increased the
aggregate of bonds the bond commission may authorize for purposes of chapter
422a from nine million fifty thousand to nine million two hundred fifty
thousand dollars; P.A. 82-369 increased bond authorization from $9,250,000 to
$9,750,000; June Sp. Sess. P.A. 83-33 increased bond
authorization to fourteen million seven hundred fifty thousand dollars; P.A.
84-443 increased authorization limit to nineteen million seven hundred fifty
thousand dollars; P.A. 84-546 made technical change, substituting reference to
Sec. 22-26dd for reference to Sec. 22-210dd; P.A. 85-558 increased the bond
authorization limit to twenty-two million seven hundred fifty thousand dollars;
P.A. 86-396 increased bond authorization from twenty-two million seven hundred
fifty thousand dollars to twenty-eight million seven hundred fifty thousand
dollars; P.A. 87-405 increased the bond authorization from twenty-eight million
seven hundred fifty thousand dollars to thirty-six million seven hundred fifty
thousand dollars; P.A. 88-343 increased the bond authorization from thirty-six
million seven hundred fifty thousand dollars to forty-four million seven
hundred fifty thousand dollars; P.A. 89-331 increased the bond authorization
from forty-four million seven hundred fifty thousand dollars to fifty-two
million seven hundred fifty thousand dollars; P.A. 90-297 increased the bond
authorization from fifty-two million seven hundred fifty thousand dollars to sixty-two
million seven hundred fifty thousand dollars and required that the secretary of
office of policy and management rather than agriculture commissioner sign
authorization request; May Sp. Sess. P.A. 92-7
increased the bond authorization from sixty-two million seven hundred fifty
thousand dollars to sixty-six million two hundred fifty thousand dollars and
set forth a limit of two million dollars of that amount for Sec. 22-26jj; June
Sp. Sess. P.A. 93-1 amended section to increase bond
authorization from sixty-six million two hundred fifty thousand dollars to
seventy-six million two hundred fifty thousand dollars, effective July 1, 1993,
provided five million dollars of said authorization shall be effective July 1,
1994; P.A. 95-272 increased authorization amount from seventy-six million two
hundred fifty thousand dollars to eighty-two million two hundred fifty thousand
dollars, effective July 1, 1995, provided three million dollars shall be
effective July 1, 1996; P.A. 96-181 decreased aggregate amount from $82,250,000
to $78,250,000 and removed proviso re amount effective July 1, 1996, effective
July 1, 1996; P.A. 97-234 deleted reference to repealed Sec. 22-26ee; June 5
Sp. Sess. P.A. 97-1 increased bond authorization from
seventy-eight million two hundred fifty thousand dollars to eighty million two
hundred fifty thousand dollars provided one million dollars is effective July
1, 1998, effective July 31, 1997; P.A. 98-259 increased authorization from
$80,250,000 to $82,750,000 provided $3,500,000 of said authorization was
effective July 1, 1998, deleted proviso re use for purposes of Sec. 22-26dd and
made technical change, effective July 1, 1998; P.A. 99-241 increased
authorization from $82,750,000 to $83,750,000, effective July 1, 1999; P.A.
00-203 designated existing language as Subsec. (a) and added new Subsec. (b)
requiring the State Bond Commission to authorize issuance of balance of bonds
previously authorized but not allocated, effective June 7, 2000, and applicable
to all open space land donations made on or after the income year commencing
January 1, 1999; June Sp. Sess. P.A. 00-1 repealed
said Subsec. (b), effective June 21, 2000; June Sp. Sess. P.A. 01-7 increased authorization from $83,750,000 to
$87,750,000 provided $2,000,000 is effective July 1, 2002, effective July 1,
2001; June Sp. Sess. P.A. 01-9 changed "section
22-26dd" to "section 22-26cc", effective July 1, 2001; May Sp. Sess. P.A. 04-1 increased bond authorization to $89,750,000
and made $2,000,000 of said authorization effective July 1, 2004, effective
July 1, 2004.
Sec. 22-26ii. Inspection of restricted
land. The commissioner may enter at all reasonable times upon any
restricted agricultural land, for the purpose of determining compliance with
the provisions of section 22-26cc.
(P.A.
79-208, S. 3.)
Sec. 22-26jj. Acquisition of fee simple
title to agricultural lands. Lease of property. (a) The
Commissioner of Agriculture, with the approval of the State Properties Review
Board, may acquire, prior to July 1, 1995, by purchase or accept as a gift, on
behalf of the state, the fee simple title of any agricultural real property and
any personal property related to such real property, including, but not limited
to, machinery, equipment, fixtures and livestock. The state conservation and
development plan established pursuant to chapter 297 shall be used as an
advisory document in connection with acquisition of such property. The
commissioner, in deciding whether or not to acquire such property, shall
consider all of the factors stated in section 22-26cc and shall further
consider the likelihood of subsequent sale of such property by the department
for agricultural purposes, subject to the state's retention of development
rights. After a preliminary evaluation of such factors, the Commissioner of
Agriculture shall obtain and review one or more fee appraisals of the property
in order to determine the value of such property. Each such appraisal shall
include an itemization of (1) the total value of the land, (2) the value of the
land as agricultural land, (3) the value of the development rights of the land
and (4) the value of any related personal property proposed to be included in
any sale. The commissioner shall give notice of any such appraisal to the
Departments of Transportation, Economic and Community Development and
Environmental Protection and the Office of Policy and Management. Any such
appraisal may be obtained by the owner of the property and, if performed in a
manner approved by the commissioner, shall be considered by the commissioner in
making such determination. The commissioner may purchase such property for a
lesser price than any price suggested by any such appraisal provided all
considerations for acquisition specified in this subsection are taken into
account. In determining the value of the property, consideration shall be given
to sales of comparable properties in the general vicinity.
(b)
After the acquisition of the fee simple title of any agricultural real property
and any related personal property, the commissioner shall sell such property,
exclusive of any development rights, for agricultural purposes as soon as
practicable. The state shall retain any development rights. The commissioner
may lease or otherwise transfer, assign or manage such property for
agricultural, open space or other qualified purposes, in accordance with
subsection (d) of this section, until such time as a sale as required by this
section is completed.
(c)
The commissioner may lease all or part of one property acquired by him under
this section as part of a demonstration project, in accordance with subsection
(d) of this section, provided such project is approved by the Secretary of the
Office of Policy and Management. Such property may be leased to one or more
agricultural users for a period not to exceed five years. Such lease may be
renewed for periods not to exceed five years. Any property leased under such
demonstration project shall be exempt from taxation by the municipality in
which the property is located. The assessed valuation of the property shall be
included with the assessed valuation of state-owned land and buildings for
purposes of determining the state's grant in lieu of taxes under the provisions
of section 12-19a.
(d)
No contract to sell, lease or otherwise transfer, assign or manage such
property for agricultural, open space or other qualified purposes shall be
entered into by the commissioner unless there has been a finding of the State
Treasurer that such contract will preserve the exclusion from federal taxation,
if any, of the interest on the bonds of the state issued to finance such
acquisition. Any proceeds derived from any such contract shall not be deemed
revenues of the General Fund and shall be deposited in the appropriate bond
proceeds account. Any such proceeds shall be applied, upon allotment thereof,
to acquisition of additional agricultural real property and related personal
property or, upon approval of the State Bond Commission, for such other
authorized capital purposes which the State Treasurer finds will best assure
the preservation of such exclusion from federal taxation, if any, including
payment of the principal, redemption price, if any, or interest on the bonds
issued for the purchase of the agricultural property.
(May
Sp. Sess. P.A. 92-7, S. 15, 36; P.A. 93-150, S. 1, 2;
P.A. 95-96; 95-250, S. 1; P.A. 96-211, S. 1, 5, 6; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)
History:
P.A. 93-150 extended the commissioner's authority to acquire title to property
under this section until