Conn. Agencies Regs. § 22-26gg-31

Current through December 27, 2024
Section 22-26gg-31 - Agreement for the Purchase of Development Rights with the Applicant
(a) If the Commissioner decides to acquire the development rights to certain agricultural lands, the Commissioner and the applicant shall enter into a Purchase of Development Rights Agreement. The Commissioner shall be the chief negotiator for the purchase of development rights for the project.
(b) Only one project partner designated negotiator may be involved in negotiations with the applicant and the Commissioner.
(c) The Purchase of Development Rights Agreement shall be on a form provided by the Commissioner. Such agreement shall include at a minimum:
(1) identification of all parties;
(2) a description of the agricultural land acreage for which the development rights will be sold;
(3) any requirements that shall be met before conveyance of development rights takes place;
(4) the development rights purchase price per acre, with the final sum to be determined upon completion of a class A-2 survey;
(5) a condition that the Commissioner may unilaterally reduce the acreage of the agricultural land that is subject to the development rights to exclude any areas of encroachment or contested title;
(6) a condition that the conveyance of a development rights deed contain provisions as the Commissioner deems necessary to fulfill the purposes of Chapter 422a of the Connecticut General Statutes;
(7) a condition that the conveyance of a development rights deed contain provisions as the Commissioner deems necessary to fulfill the purposes of the USDA, or any successor federal funding program for farmland preservation, in accordance with sections 22-26cc(j) and 22-26nn(k) of the Connecticut General Statutes; and
(8) a condition that the conveyance of a development rights deed is subject to any applicable statutory approvals by the State Properties Review Board, and the Office of the Attorney General.
(d) The Purchase of Development Rights Agreement may be withdrawn by the Commissioner any time prior to acceptance by the applicant for any reason without cause.
(e) Notice of the purchase of development rights shall be filed by the Department in the municipal land records where the agricultural land is situated in accordance with sections 22-26cc and 22-26nn of the Connecticut General Statutes.

Conn. Agencies Regs. § 22-26gg-31

Effective 12/13/2023