HB 1226-LOCAL - AS INTRODUCED
2001 SESSION
10/09
HOUSE BILL 1226-LOCAL
COMMITTEE: Municipal and County Government
This bill allows a municipality to acquire a discretionary easement in land including a barn used for farming.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
01-2325
10/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand One
AN ACT allowing discretionary easements to include barns used for farming.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraphs; Discretionary Easements; Definitions; Barn; Farming. Amend RSA 79-C:2 by inserting after paragraph III the following new paragraphs:
IV. "Barn" means a building, not to include the curtilage, appurtenances, or other improvements, that is used exclusively for the storage of grains or produce, or the housing, shelter, care and management of livestock or fowl.
V. "Farming" means active engagement in the business of farming as demonstrated by annual filing of Internal Revenue Service Form F, and provided to the local tax assessor on an annual basis.
2 New Subparagraph; Qualifying Land. Amend RSA 79-C:3, II by inserting after subparagraph (f) the following new subparagraph:
(g) The preservation of a barn used for farming.
3 Assessment of Land Subject to Discretionary Easement. Amend the introductory paragraph of RSA 79-C:7 to read as follows:
The method of assessment of discretionary easement land, excluding any buildings, except barns used for farming as defined in RSA 79-C:2, their curtilage, appurtenances, or other improvements, shall be included as a term of the agreement in any discretionary easement acquired by a municipality, and shall fall within a range of values determined as follows:
4 Effective Date. This act shall take effect 60 days after its passage.