§ 42-82-5 Duties of the commission. –(a) The commission shall:
(1) Develop the criteria necessary for defining agriculturalland under this chapter;
(2) Make a reasonably accurate inventory of all land in thestate, which meets the definition of agricultural land;
(3) Prepare and adopt rules for administration of thepurchase of development rights and criteria for the selection of parcels forwhich the development rights may be purchased, and the conditions under whichthey will be purchased;
(4) Draw up and publish the covenant and enumerate thespecific development rights to be purchased by the state;
(5) Inform the owners, public officials and other citizensand interested persons of the provisions of this chapter; and
(6) Approve and submit within ninety (90) days after the endof each fiscal year, an annual report to the governor, the speaker of the houseof representatives, the president of the senate, and the secretary of state ofits activities during that fiscal year. The report shall provide: an operatingstatement summarizing meetings or hearings held, including meeting minutes,subjects addressed, decisions rendered, petitions granted, rules or regulationspromulgated, studies conducted, policies and plans developed, approved, ormodified, and programs administered or initiated; a consolidated financialstatement of all funds received and expended including the source of the funds,a listing of any staff supported by these funds, and a summary of any clerical,administrative or technical support received; a summary of performance duringthe previous fiscal year including accomplishments, shortcomings and remedies;a synopsis of hearings, examinations and investigations or any legal mattersrelated to the authority of the commission; a summary of any training coursesheld pursuant to subsection 42-82-5(a)(7); a summary of land acquired andconserved during the fiscal year; an annually updated inventory of all land inthe state which meets the definition of agricultural land; a briefing onanticipated activities in the upcoming fiscal year; findings and recommendationfor improvements. The report shall be posted electronically as prescribed in§ 42-20-8.2. The director of the department of administration shall beresponsible for the enforcement of this provision; and
(7) Conduct a training course for newly appointed andqualified members and new designees of ex officio members within six (6) monthsof their qualification or designation. The course shall be developed by thechair, approved by the commission and conducted by the commission. Thecommission may approve the use of any commission or staff members or otherindividuals to assist with training. The course shall include instruction inthe following areas; the provisions of chapters 42-82, 42-46, 36-14, and 38-2;and the commission's rules and regulations. The director of the department ofadministration shall, within ninety (90) days of the effective date of this act[May 3, 2006], prepare and disseminate training materials relating tothe provisions of chapters 42-46, 36-14 and 38-2.
(b) At any time after fulfilling the requirements ofsubsection (a), the commission, on behalf of the state, may acquire anydevelopment rights that may from time to time be offered by the owners ofagricultural land. The commission may accept or negotiate at a price not inexcess of the value established by an independent appraisal prepared for thecommission, or for one of the commission's partners, for the respectiveproperty. Additionally, said appraisal shall be reviewed in a manner consistentwith the rules and regulations of the commission. The value of the developmentrights for all of the purposes of this section shall be the difference betweenthe value of the property for its highest and best use and its value foragricultural purposes as defined in this chapter. In determining the value ofthe property for its highest and best use, consideration shall be given tosales of comparable properties in the general area, use of which isunrestricted at the time of sale. The seller of the development rights shallhave the option of accepting payment in full at the time of transfer oraccepting payment on an installment basis in cash or with the principal paid bytax exempt financial instruments of the state with interest on the unpaidbalance equal to the interest paid by the state on bonds sold during thepreceding twelve (12) month period. Any matter pending in the superior courtmay be settled by the parties subject to approval by a referee. At any timeafter a matter has been referred to a referee, even after an award is made bythe referee, but before payment thereof, the petitioner may withdraw his or herpetition upon payment of appraisal fees incurred by the state together with allcourt costs, and the award shall become null and void.
(c) Any land received as a gift may be resold by thecommission with the development rights retained by the state and so noted bycovenant in the deed. The proceeds from that sale shall be returned to theagricultural land preservation fund.
(d) Any land received as a gift and not resold by thecommission may be leased for agricultural uses or other uses the commissiondetermines are not detrimental to its agricultural productivity. Any funds thusobtained shall be returned to the agricultural land preservation fund.
(e) The commission may consider petitions by the owner ofland from which the state has purchased the development rights to repurchasethose development rights from the state. The petition must be accompanied by acertificate from the municipalities in which the land lies stating thattwo-thirds ( 2/3) of the city or town council has approved the proposeddevelopment. The petition shall set forth the facts and circumstances uponwhich the commission shall consider approval, and the commission shall denyapproval unless at least seven (7) of its members determine by vote that thereis an overriding necessity to relinquish control of the development rights. Thecommission shall hold at least one public hearing in a city or town from whicha certificate has been received, prior to its consideration of the petition,which shall be announced in one newspaper of local circulation. The expenses,if any, of the hearing shall be borne by the petitioner. If the commissionapproves the sale of the development rights, it shall receive the value of thedevelopment rights at the time of this sale, to be determined in the samemanner as provided for by subsection (d). Proceeds of the sale shall bereturned to the agricultural land preservation fund.
§ 42-82-5 Duties of the commission. –(a) The commission shall:
(1) Develop the criteria necessary for defining agriculturalland under this chapter;
(2) Make a reasonably accurate inventory of all land in thestate, which meets the definition of agricultural land;
(3) Prepare and adopt rules for administration of thepurchase of development rights and criteria for the selection of parcels forwhich the development rights may be purchased, and the conditions under whichthey will be purchased;
(4) Draw up and publish the covenant and enumerate thespecific development rights to be purchased by the state;
(5) Inform the owners, public officials and other citizensand interested persons of the provisions of this chapter; and
(6) Approve and submit within ninety (90) days after the endof each fiscal year, an annual report to the governor, the speaker of the houseof representatives, the president of the senate, and the secretary of state ofits activities during that fiscal year. The report shall provide: an operatingstatement summarizing meetings or hearings held, including meeting minutes,subjects addressed, decisions rendered, petitions granted, rules or regulationspromulgated, studies conducted, policies and plans developed, approved, ormodified, and programs administered or initiated; a consolidated financialstatement of all funds received and expended including the source of the funds,a listing of any staff supported by these funds, and a summary of any clerical,administrative or technical support received; a summary of performance duringthe previous fiscal year including accomplishments, shortcomings and remedies;a synopsis of hearings, examinations and investigations or any legal mattersrelated to the authority of the commission; a summary of any training coursesheld pursuant to subsection 42-82-5(a)(7); a summary of land acquired andconserved during the fiscal year; an annually updated inventory of all land inthe state which meets the definition of agricultural land; a briefing onanticipated activities in the upcoming fiscal year; findings and recommendationfor improvements. The report shall be posted electronically as prescribed in§ 42-20-8.2. The director of the department of administration shall beresponsible for the enforcement of this provision; and
(7) Conduct a training course for newly appointed andqualified members and new designees of ex officio members within six (6) monthsof their qualification or designation. The course shall be developed by thechair, approved by the commission and conducted by the commission. Thecommission may approve the use of any commission or staff members or otherindividuals to assist with training. The course shall include instruction inthe following areas; the provisions of chapters 42-82, 42-46, 36-14, and 38-2;and the commission's rules and regulations. The director of the department ofadministration shall, within ninety (90) days of the effective date of this act[May 3, 2006], prepare and disseminate training materials relating tothe provisions of chapters 42-46, 36-14 and 38-2.
(b) At any time after fulfilling the requirements ofsubsection (a), the commission, on behalf of the state, may acquire anydevelopment rights that may from time to time be offered by the owners ofagricultural land. The commission may accept or negotiate at a price not inexcess of the value established by an independent appraisal prepared for thecommission, or for one of the commission's partners, for the respectiveproperty. Additionally, said appraisal shall be reviewed in a manner consistentwith the rules and regulations of the commission. The value of the developmentrights for all of the purposes of this section shall be the difference betweenthe value of the property for its highest and best use and its value foragricultural purposes as defined in this chapter. In determining the value ofthe property for its highest and best use, consideration shall be given tosales of comparable properties in the general area, use of which isunrestricted at the time of sale. The seller of the development rights shallhave the option of accepting payment in full at the time of transfer oraccepting payment on an installment basis in cash or with the principal paid bytax exempt financial instruments of the state with interest on the unpaidbalance equal to the interest paid by the state on bonds sold during thepreceding twelve (12) month period. Any matter pending in the superior courtmay be settled by the parties subject to approval by a referee. At any timeafter a matter has been referred to a referee, even after an award is made bythe referee, but before payment thereof, the petitioner may withdraw his or herpetition upon payment of appraisal fees incurred by the state together with allcourt costs, and the award shall become null and void.
(c) Any land received as a gift may be resold by thecommission with the development rights retained by the state and so noted bycovenant in the deed. The proceeds from that sale shall be returned to theagricultural land preservation fund.
(d) Any land received as a gift and not resold by thecommission may be leased for agricultural uses or other uses the commissiondetermines are not detrimental to its agricultural productivity. Any funds thusobtained shall be returned to the agricultural land preservation fund.
(e) The commission may consider petitions by the owner ofland from which the state has purchased the development rights to repurchasethose development rights from the state. The petition must be accompanied by acertificate from the municipalities in which the land lies stating thattwo-thirds ( 2/3) of the city or town council has approved the proposeddevelopment. The petition shall set forth the facts and circumstances uponwhich the commission shall consider approval, and the commission shall denyapproval unless at least seven (7) of its members determine by vote that thereis an overriding necessity to relinquish control of the development rights. Thecommission shall hold at least one public hearing in a city or town from whicha certificate has been received, prior to its consideration of the petition,which shall be announced in one newspaper of local circulation. The expenses,if any, of the hearing shall be borne by the petitioner. If the commissionapproves the sale of the development rights, it shall receive the value of thedevelopment rights at the time of this sale, to be determined in the samemanner as provided for by subsection (d). Proceeds of the sale shall bereturned to the agricultural land preservation fund.
§ 42-82-5 Duties of the commission. –(a) The commission shall:
(1) Develop the criteria necessary for defining agriculturalland under this chapter;
(2) Make a reasonably accurate inventory of all land in thestate, which meets the definition of agricultural land;
(3) Prepare and adopt rules for administration of thepurchase of development rights and criteria for the selection of parcels forwhich the development rights may be purchased, and the conditions under whichthey will be purchased;
(4) Draw up and publish the covenant and enumerate thespecific development rights to be purchased by the state;
(5) Inform the owners, public officials and other citizensand interested persons of the provisions of this chapter; and
(6) Approve and submit within ninety (90) days after the endof each fiscal year, an annual report to the governor, the speaker of the houseof representatives, the president of the senate, and the secretary of state ofits activities during that fiscal year. The report shall provide: an operatingstatement summarizing meetings or hearings held, including meeting minutes,subjects addressed, decisions rendered, petitions granted, rules or regulationspromulgated, studies conducted, policies and plans developed, approved, ormodified, and programs administered or initiated; a consolidated financialstatement of all funds received and expended including the source of the funds,a listing of any staff supported by these funds, and a summary of any clerical,administrative or technical support received; a summary of performance duringthe previous fiscal year including accomplishments, shortcomings and remedies;a synopsis of hearings, examinations and investigations or any legal mattersrelated to the authority of the commission; a summary of any training coursesheld pursuant to subsection 42-82-5(a)(7); a summary of land acquired andconserved during the fiscal year; an annually updated inventory of all land inthe state which meets the definition of agricultural land; a briefing onanticipated activities in the upcoming fiscal year; findings and recommendationfor improvements. The report shall be posted electronically as prescribed in§ 42-20-8.2. The director of the department of administration shall beresponsible for the enforcement of this provision; and
(7) Conduct a training course for newly appointed andqualified members and new designees of ex officio members within six (6) monthsof their qualification or designation. The course shall be developed by thechair, approved by the commission and conducted by the commission. Thecommission may approve the use of any commission or staff members or otherindividuals to assist with training. The course shall include instruction inthe following areas; the provisions of chapters 42-82, 42-46, 36-14, and 38-2;and the commission's rules and regulations. The director of the department ofadministration shall, within ninety (90) days of the effective date of this act[May 3, 2006], prepare and disseminate training materials relating tothe provisions of chapters 42-46, 36-14 and 38-2.
(b) At any time after fulfilling the requirements ofsubsection (a), the commission, on behalf of the state, may acquire anydevelopment rights that may from time to time be offered by the owners ofagricultural land. The commission may accept or negotiate at a price not inexcess of the value established by an independent appraisal prepared for thecommission, or for one of the commission's partners, for the respectiveproperty. Additionally, said appraisal shall be reviewed in a manner consistentwith the rules and regulations of the commission. The value of the developmentrights for all of the purposes of this section shall be the difference betweenthe value of the property for its highest and best use and its value foragricultural purposes as defined in this chapter. In determining the value ofthe property for its highest and best use, consideration shall be given tosales of comparable properties in the general area, use of which isunrestricted at the time of sale. The seller of the development rights shallhave the option of accepting payment in full at the time of transfer oraccepting payment on an installment basis in cash or with the principal paid bytax exempt financial instruments of the state with interest on the unpaidbalance equal to the interest paid by the state on bonds sold during thepreceding twelve (12) month period. Any matter pending in the superior courtmay be settled by the parties subject to approval by a referee. At any timeafter a matter has been referred to a referee, even after an award is made bythe referee, but before payment thereof, the petitioner may withdraw his or herpetition upon payment of appraisal fees incurred by the state together with allcourt costs, and the award shall become null and void.
(c) Any land received as a gift may be resold by thecommission with the development rights retained by the state and so noted bycovenant in the deed. The proceeds from that sale shall be returned to theagricultural land preservation fund.
(d) Any land received as a gift and not resold by thecommission may be leased for agricultural uses or other uses the commissiondetermines are not detrimental to its agricultural productivity. Any funds thusobtained shall be returned to the agricultural land preservation fund.
(e) The commission may consider petitions by the owner ofland from which the state has purchased the development rights to repurchasethose development rights from the state. The petition must be accompanied by acertificate from the municipalities in which the land lies stating thattwo-thirds ( 2/3) of the city or town council has approved the proposeddevelopment. The petition shall set forth the facts and circumstances uponwhich the commission shall consider approval, and the commission shall denyapproval unless at least seven (7) of its members determine by vote that thereis an overriding necessity to relinquish control of the development rights. Thecommission shall hold at least one public hearing in a city or town from whicha certificate has been received, prior to its consideration of the petition,which shall be announced in one newspaper of local circulation. The expenses,if any, of the hearing shall be borne by the petitioner. If the commissionapproves the sale of the development rights, it shall receive the value of thedevelopment rights at the time of this sale, to be determined in the samemanner as provided for by subsection (d). Proceeds of the sale shall bereturned to the agricultural land preservation fund.
