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 subdivisions (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 agricultural conservation
easements pursuant to subdivision (1) of this subsection. Such agricultural
conservation easements 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.)
History: P.A. 04-222
effective