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 rig
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, the 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 such filing, 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 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 the commissioner 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 Section 501(c)(3) of the Internal Revenue Code
of 1986, or any subsequent corresponding internal revenue code of the United States,
as from time to time amended, 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. The
commissioner may enter into joint ownership agreements to acquire the development
rights to any qualified agricultural land with any nonprofit organization, as defined in
Section 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, provided
the mission of such nonprofit organization is the permanent protection of agricultural
land for the purposes of continued agricultural use.
(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.
(j) The commissioner, when acquiring the development rights of any agricultural
lands on behalf of the state, may incorporate deed requirements in accordance with the
provisions of the federal Farm and Ranch Lands Protection Program, 7 CFR 1491.1,
et seq.
(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; P.A. 05-124, S. 4;
05-288, S. 222.)
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 added Subsec. (a)(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 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", amended
Subsec. (c) by requiring notification to the commissioner if restricted land is to be sold and 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 June 24, 1997; P.A. 97-234 amended Subsec. (c) to make
technical and grammatical changes and to specify that any removal of the restriction on development under this section
shall require payment to the commissioner of the value of the development rights; 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; P.A. 05-124 made technical changes
in Subsecs. (a) and (c), made a technical change and permitted commissioner to enter into joint ownership agreements to
aquire development rights to qualified agricultural land with any nonprofit organization, provided mission of such organization is permanent protection of agricultural land for purposes of continued agricultural use in Subsec. (g), and permitted
commissioner to incorporate deed requirements in accordance with federal Farm and Ranch Lands Protection Program in
new Subsec. (j); P.A. 05-288 made technical changes in Subsec. (b), effective July 13, 2005.
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.