SB35: relative to the transfer and exchange of certain state-owned land for certain land owned by the Manchester water works.

SB 35 - AS AMENDED BY THE SENATE

04/10/03 0885s

2003 SESSION

03-0463

08/10

SENATE BILL SB 35

AN ACT relative to the transfer and exchange of certain state-owned land for certain land owned by the Manchester water works.

SPONSORS: Sen. D'Allesandro, Dist 20; Sen. Martel, Dist 18

COMMITTEE: Environment

ANALYSIS

This bill transfers certain state-owned land for certain land owned by the Manchester water works.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

04/10/03 0885s

03-0463

08/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to the transfer and exchange of certain state-owned land for certain land owned by the Manchester Water Works.

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

1 Statement of Purpose. The purpose of this act is to permit the exchange of a 7 acre parcel of land owned by the state of New Hampshire for a 16.3 acre parcel of land and a 14.6 acre parcel of land for a total of 30.9 acres of land owned by the city of Manchester, Manchester water works. Subject to the conditions in this act, this exchange will allow Manchester water works to acquire a site upon which to construct a new public water supply source at a future date for the city of Manchester and 6 towns in the surrounding region.

2 Findings.

I. The general court finds that the state of New Hampshire acquired an approximately 7 acre parcel of land formerly owned by Public Service Company of New Hampshire, located on the western side of the Merrimack River and fronting on Goonan Road and Kimball Drive (formerly Riverside Road) in Hooksett, New Hampshire. This 7 acre parcel having approximately 500 feet of river frontage was originally acquired under the land conservation investment program by the New Hampshire fish and game department for the purpose of developing a boat access to the Merrimack River. However, the department was able to fulfill this objective at Lambert Park, in Hooksett, New Hampshire, thereby satisfying the original intent of providing boat access to the Merrimack River. The 7 acre parcel is now held in public trust primarily as a roosting site for eagle habitat by the New Hampshire fish and game department.

II. The general court finds that the city of Manchester, Manchester water works, owns a 16.3 acre parcel of land on the easterly side of the Merrimack River having approximately 3945 feet of river frontage in Hooksett, New Hampshire, and a 14.6 acre parcel of land with 2334 feet of river frontage.

III. The general court finds that the city of Manchester, Manchester water works, will utilize the 7 acre parcel of land for significant public benefit to construct a Merrimack River intake pumping station, water treatment plant, and associated infrastructure to provide for the future water supply needs of the regional Manchester area with a long term plan that minimizes environmental impacts and maintains the integrity of the land conservation investment program.

IV. The general court finds this land exchange to be in the public interest as the land exchange will enhance the land conservation investment program as both parcels, the 16.3 acre and the 14.6 acre parcels of land to be exchanged by the city of Manchester, Manchester water works for the 7 acre parcel acquired under the land conservation investment program and currently managed by the fish and game department, will be managed as a roosting site for eagle habitat consistent with the original purpose of the 7 acre acquisition.

V. The general court finds that in this specific and unique instance, this act balances the public purposes of providing a suitable public drinking water supply source with the need to ensure that the public's investment in conservation lands through the land conservation investment program is not diminished.

3 Transfer and Exchange.

I. Subject to the conditions below, and notwithstanding the prohibitions in RSA 162-C:10, the general court hereby authorizes and approves the exchange of an approximately 7 acre parcel of land in Hooksett, New Hampshire, now owned by the state of New Hampshire under the land conservation investment program and held in public trust by the New Hampshire fish and game department, for the 2 parcels of land for a total of 30.9 acres owned by the city of Manchester, Manchester water works.

II. Prior to transfer or exchange of parcels, the fish and game department, in conjunction with the office of state planning, shall find that the following criteria have been satisfied:

(a) The conservation values and the location of the replacement property is reasonably equivalent to the 7 acre parcel;

(b) An appraisal of the 7 acre parcel and the replacement parcels has been conducted and based on the unencumbered fair market value according to land conservation investment program guidelines, the city of Manchester, Manchester water works shall make a payment to the state of New Hampshire equal to the difference between the value of the 7 acre parcel of land being acquired by the city of Manchester, Manchester water works, and the value of the 2 parcels of land being transferred to the state of New Hampshire, provided, however, that if the 2 parcels of land have a value greater than the 7 acre parcel of land, no payment to the city of Manchester, Manchester water works shall be required. If the state of New Hampshire requires compensation for any difference in value between the parcels any such deposit by the city of Manchester, Manchester water works shall be made to the monitoring endowment established under RSA 162-C:8. The appraiser shall be selected by the state of New Hampshire, fish and game department, at the expense of the city of Manchester, Manchester water works;

(c) A conservation easement will be granted to the fish and game department on the non-built portion of the 7 acre parcel to protect wildlife habitat consistent with the intent of the original purchase by the land conservation investment program; and,

(d) A reverter clause shall be placed in the deed of the 7 acre parcel providing that the property revert back to the state of New Hampshire if the parcel is not used for public water supply purposes by the city of Manchester, Manchester water works.

(e) A reverter clause shall be placed in the deed of the 16.3 acre parcel of land and the 14.6 acre parcel of land providing that the property revert back to the city of Manchester, Manchester Water Works should the city of Manchester be unsuccessful in obtaining all state and federal permits for the development of an intake pumping station, water treatment plant, or associated infro-structure.

(f) In the event of reversion pursuant to subparagraphs (c) and (d) the state shall return any payment made by the city of Manchester under subparagraph (b).

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

LBAO

03-0463

4/18/03

SB 35 FISCAL NOTE

AN ACT relative to the transfer and exchange of certain state-owned land for certain land owned by the Manchester water works.

FISCAL IMPACT:

The Office of State Planning states this bill, as amended by the Senate (Senate Amendment #2003-0885s), may increase state restricted revenue and local expenditures by an indeterminable amount in FY 2004. There will be no fiscal impact on state and county expenditures or county and local revenue.

METHODOLOGY:

The Office states the state will be compensated for the full fair market value of the parcel that is proposed to be released. The compensation will come in the form of land value or land and cash value equivalent to the appraised value of the land. The appraisal will be performed by the Fish & Game Department at the expense of Manchester Water Works (MWW). In the event the two properties owned by MWW exceed the value of the state-owned parcel to be released, the state will not expend any funds. If the value of the two properties owned by MWW is less than the value of the state-owned parcel to be released, compensation will be made to the LCIP monitoring endowment. There will be no impact on general funds. If MWW is required to compensate the state, there could be an indeterminable impact on the users of Manchester Water Works.

The Fish & Game Department states this bill will have no fiscal impact.