Sec. 7-131o. Taking of active agricultural land by eminent domain. Purchase of agricultural conservation easement or development rights. Notice to Commissioner of Agriculture.
Sec. 7-131o. Taking of active agricultural land by eminent domain. Purchase
of agricultural conservation easement or development rights. Notice to Commissioner of Agriculture. A municipality, town, city, borough or district, as defined in
section 7-324, that takes active agricultural land by eminent domain shall: (1) Purchase
an agricultural conservation easement on an equivalent amount of active agricultural
land of comparable or better soil quality in such municipality, town, city, borough or
district; or (2) if no comparable active agricultural land is available for an agricultural
conservation easement as provided in subdivision (1) of this section, pay a fee for the
purchase of development rights to an equivalent amount of active agricultural land of
comparable or better soil quality elsewhere in the state. Such purchase amount shall
be paid to the General Fund and credited to the state program for the preservation of
agricultural land established pursuant to chapter 422a. The municipality, town, city,
borough or district shall notify the Commissioner of Agriculture of its intent to comply
with the provisions of subdivision (1) or (2) of this section. The Commissioner of Agriculture shall determine the amount of the payment to be made by such municipality,
town, city, borough or district for the purchase of an agricultural conservation easement
or the purchase of development rights pursuant to subdivision (1) or (2) of this section.
The municipality, town, city, borough or district shall not proceed unless the Commissioner of Agriculture approves the purchase of an agricultural conservation easement
pursuant to subdivision (1) of this section. Such agricultural conservation easement shall
be jointly and severally held by the municipality, town, city, borough or district and
the state.
(P.A. 04-189, S. 1; 04-222, S. 4; P.A. 05-288, S. 213.)
History: P.A. 04-222 effective July 1, 2004; P.A. 04-189, effective June 1, 2004, repealed Secs. 146 to 148, inclusive,
of June 6 Sp. Sess. P.A. 03-6 which had created a single Department of Agriculture and Consumer Protection from separate
Departments of Agriculture and Consumer Protection, necessitating substitution of "Commissioner of Agriculture" for
"Commissioner of Agriculture and Consumer Protection" in this section; P.A. 05-288 made technical changes, effective
July 13, 2005.