Bill Text: NH SB546 | 2024 | Regular Session | Introduced
Bill Title: Removing the requirement that an executory interest be conveyed to the state of New Hampshire in all easements acquired through the use of LCHIP program funds.
Spectrum: Bipartisan Bill
Status: (Engrossed) 2024-04-25 - Committee Report: Ought to Pass 04/23/2024 (Vote 19-0; Consent Calendar) [SB546 Detail]
Download: New_Hampshire-2024-SB546-Introduced.html
SB 546 - AS INTRODUCED
2024 SESSION
24-3098
08/02
SENATE BILL 546
SPONSORS: Sen. Altschiller, Dist 24; Sen. Watters, Dist 4; Sen. Bradley, Dist 3; Rep. Ebel, Merr. 7; Rep. Renzullo, Hills. 13
COMMITTEE: Energy and Natural Resources
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ANALYSIS
This bill removes the requirement that an executory interest be conveyed to the state of New Hampshire in all easements acquired through the use of LCHIP program funds.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-3098
08/02
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Land and Community Heritage Investment Program Established. Amend RSA 227-M:3 to read as follows:
227-M:3 Land and Community Heritage Investment Program Established.
There is hereby established the New Hampshire land and community heritage investment program. The program shall [acquire] provide funding for the acquisition of resource assets, through voluntary negotiations with property owners and utilization of all available federal, state, local, private, and other matching funds and incentives. The program shall also provide funding for restoration and rehabilitation of cultural and historical resources and for certain costs associated with the acquisition of resource assets. All deeds or other documents evidencing purchase of any fee interest or [other] easement interest in resources under this chapter shall be drawn and held in the name of the municipality, other political subdivision, or qualified publicly-supported nonprofit corporation purchasing the interest through the use of program funds. All easement interests [and legal obligations that are attached in perpetuity to any property] shall be recorded in the deed.[The state of New Hampshire shall hold an executory interest in all easement interests acquired by the program and held by municipalities, other political subdivisions, or qualifying nonprofit corporations.] The authority is authorized to enter into contracts, accept rights of enforcement, and take such other legal actions as necessary to enforce all grant obligations arising through the use of program funds. There shall be no power by the state of New Hampshire to take any resource by eminent domain, nor shall any funds made available by this program be used to take by eminent domain except in cases involving the voluntary quieting of title. All acquisition projects shall involve a willing seller and willing buyer, or a willing donor of resource assets.
2 Powers and Duties of the Authority. Amend RSA 227-M:5, IV and V to read as follows:
IV. Oversee and direct the expenditure of funds deposited in the trust fund of the New Hampshire land and community heritage investment program in accordance with the purposes of this chapter. This includes, but is not limited to, the authority to draw upon funds for [acquisition of resource assets, or related] program purposes, and for the administrative costs of the program.
V. Make and execute contracts for services necessary to carry out the purposes of this chapter or necessary and convenient for the exercise of its powers and functions.
V-a. Enforce grant obligations through contract, acceptance of rights to enforcement, or other legal actions as necessary to carry out the purposes of this chapter.
3 Effective Date. This act shall take effect 60 days after its passage.
