HB 1545 – AS INTRODUCED

2012 SESSION

12-2413

08/03

HOUSE BILL 1545

AN ACT relative to control of land received or acquired by a conservation commission.

SPONSORS: Rep. Mirski, Graf 10

COMMITTEE: Municipal and County Government

ANALYSIS

This bill specifies that conservation commissions do not have the power to convey interests in real property that they receive or acquire. This bill also limits conservation commission contracts to manage interests in real property to a term of 5 years.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12-2413

08/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT relative to control of land received or acquired by a conservation commission.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Powers; Conservation Commissions. Amend RSA 36-A:4 to read as follows:

36-A:4 Powers. Said commission may receive gifts of money, personal property, real property, and water rights, either within or outside the boundaries of the municipality, by gift, grant, bequest, or devise, subject to the approval of the local governing body, such gifts to be managed and controlled by the commission for the purposes of this section. Said commission may acquire in the name of the city or town, subject to the approval of the local governing body, by purchase, the fee in such land or water rights within the boundaries of the municipality, or any lesser interest, development right, easement, covenant, or other contractual right including conveyances with conditions, limitations, or reversions, as may be necessary to acquire, maintain, improve, protect, or limit the future use of or otherwise conserve and properly utilize open spaces and other land and water areas within their city or town, and shall manage and control the same, but the city or town or commission shall not have the right to condemn property for these purposes. Said commission shall not have the power to convey any interest in real property received or acquired under this section. If the commission enters into a contract with a third party to manage interests in real property acquired under this section the contract shall be for a term of no more than 5 years. At the end of the term, the contract may be renewed for another 5-year term.

2 Effective Date. This act shall take effect 60 days after its passage.