SB228: relative to the preservation of historic barns and similar historic agricultural structures by municipalities.

SB 228 - AS INTRODUCED

2003 SESSION

03-1206

05/10

SENATE BILL 228

AN ACT relative to the preservation of historic barns and similar historic agricultural structures by municipalities.

SPONSORS: Sen. Johnson, Dist 2; Sen. Kenney, Dist 3; Sen. Clegg, Dist 14; Sen. Larsen, Dist 15; Rep. DeJoie, Merr 39; Rep. Alger, Graf 14; Rep. Scamman, Rock 83; Rep. Babson, Carr 6; Rep. E. Blanchard, Merr 38

COMMITTEE: Public Affairs

ANALYSIS

This bill grants the governing body of a municipality the right to notice of sale and the opportunity to purchase historic barns and similar historic agricultural structures located in the municipality.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-1206

05/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to the preservation of historic barns and similar historic agricultural structures by municipalities.

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

1 Purpose. Historic barns and similar agricultural structures symbolize the distinctive New Hampshire values of heritage, hard work, productivity, and stewardship. They are witnesses to the role of agriculture in our state's image and its economy, and they serve as scenic landmarks for residents and visitors alike. They are among our most highly valued heritage resources, but many can no longer generate sufficient income to prevent their loss by decay or demolition. In order to assist municipalities in retaining this unique aspect of the state's agricultural heritage, it is hereby declared to be the public policy and in the public interest of the state to vest in municipalities the right to notice of sale and the opportunity to purchase these historic properties, thereby preserving New Hampshire's historic agricultural structures for future generations.

2 New Subdivision; Preservation of Historic Agricultural Structures by Municipalities. Amend RSA 227-C by inserting after section 32 the following new subdivision:

Preservation of Historic Agricultural Structures by Municipalities

227-C:33 Definition of Historic Agricultural Structure. In this subdivision, "historic agricultural structure" means a barn or other structure, excluding the land necessary for the function of the building, that is currently or formerly used for agricultural purposes and is at least 75 years old.

227-C:34 Notice Required Before Sale.

I. No owner of a historic agricultural structure shall make a final unconditional acceptance of any offer for the sale or transfer of the structure without first giving 60 days' notice to the municipality in which the structure is located:

(1) That the owner intends to sell the historic agricultural structure; and

(2) Of the price, terms, and conditions of an acceptable offer the owner has received to sell the structure or the price, terms, and conditions for which the owner intends to sell the structure. This notice shall include a copy of the signed written offer which sets forth a description of the property to be purchased and the price, terms and conditions of the acceptable offer.

II. During the notice period required under paragraph I, the owner shall consider any offer received from the municipality, if any, and the owner shall negotiate in good faith with the municipality concerning a potential purchase. If during the notice period, the municipality decides to make an offer to purchase the historic agricultural structure, such offer shall be evidenced by a purchase and sale agreement; however, the municipality shall have a reasonable time beyond the 60-day period, if necessary, to obtain financing for the purchase.

III. The notice required by paragraph I shall be served by certified mail, return receipt requested, to the governing body of the municipality at its main office. A receipt from the United States Postal Service that is signed by any employee of the main office of the governing body of the municipality shall constitute a conclusive presumption that service was made in any court action in this state.

227-C:35 Exercise of Local Option to Purchase Historic Agricultural Structure. The governing body of the municipality in which the structure is located, by a majority of its members present and voting, may vote to approve the proposed acquisition of the historic agricultural structure pursuant to RSA 227-C:34.

227-C:36 Inventory of Historic Agricultural Structures. Each municipality is encouraged to inventory all historic agricultural structures located in the municipality. The municipality may inform owners of the municipality's interest in a historic agricultural structure by inserting a notice to that effect in the property owner's tax bill or by sending the notice by certified mail, return receipt requested, to the owner of the historic agricultural structure. Receipt of such notice, either in the most recent tax bill or by certified mail, shall trigger the owner's obligation to notify the municipality of the sale or transfer of the historic agricultural structure under RSA 227-C:34.

3 New Paragraph; Assessment of Taxes; Information; Historic Agricultural Structure Notice. Amend RSA 76:11-a by inserting after paragraph III the following new paragraph:

IV. If the assessed property includes a historic agricultural structure, a municipality may include a statement relative to the municipality's right to notice of any sale or transfer of the structure pursuant to RSA 227-C:33 through RSA 227-C:36.

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