§ 42-82-5. Duties of the commission.
(a) The commission shall:
(1) Develop the criteria necessary for defining agricultural land under this chapter;
(2) Make a reasonably accurate inventory of all land in the state that meets the definition
of agricultural land;
(3) Prepare and adopt rules for administration of the purchase of development rights and
criteria for the selection of parcels for which the development rights may be purchased,
and the conditions under which they will be purchased;
(4) Draw up and publish the covenant and enumerate the specific development rights to
be purchased by the state;
(5) Inform the owners, public officials, and other citizens and interested persons of
the provisions of this chapter;
(6) Approve and submit, within ninety (90) days after the end of each fiscal year, an
annual report to the governor, the speaker of the house of representatives, the president
of the senate, and the secretary of state of its activities during that fiscal year.
The report shall provide: an operating statement summarizing meetings or hearings
held, including meeting minutes, subjects addressed, decisions rendered, petitions
granted, rules or regulations promulgated, studies conducted, policies and plans developed,
approved, or modified, and programs administered or initiated; a consolidated financial
statement of all funds received and expended, including the source of the funds, a
listing of any staff supported by these funds, and a summary of any clerical, administrative,
or technical support received; a summary of performance during the previous fiscal
year, including accomplishments, shortcomings, and remedies; a synopsis of hearings,
examinations, and investigations or any legal matters related to the authority of
the commission; a summary of any training courses held pursuant to subsection (a)(7);
a summary of land acquired and conserved during the fiscal year; an annually updated
inventory of all land in the state that meets the definition of agricultural land;
a briefing on anticipated activities in the upcoming fiscal year; findings and recommendation
for improvements. The report shall be posted electronically, as prescribed in § 42-20-8.2. The director of the department of administration shall be responsible for the enforcement
of this provision; and
(7) Conduct a training course for newly appointed and qualified members and new designees
of ex officio members within six (6) months of their qualification or designation.
The course shall be developed by the chair, approved by the commission, and conducted
by the commission. The commission may approve the use of any commission or staff members
or other individuals to assist with training. The course shall include instruction
in the following areas: the provisions of chapters 82 and 46 of this title, chapter 14 of title 36, and chapter 2 of title 38; and the commission's rules and regulations. The director of the department of administration
shall, within ninety (90) days of the effective date of this act [May 3, 2006], prepare
and disseminate training materials relating to the provisions of chapter 46 of this
title, chapter 14 of title 36, and chapter 2 of title 38.
(b) At any time after fulfilling the requirements of subsection (a), the commission, on
behalf of the state, may acquire any development rights that may, from time to time,
be offered by the owners of agricultural land. The commission may accept or negotiate
at a price not in excess of the value established by an independent appraisal prepared
for the commission, or for one of the commission's partners, for the respective property.
Additionally, said appraisal shall be reviewed in a manner consistent with the rules
and regulations of the commission. The value of the development rights for all of
the purposes of this section shall be the difference between the value of the property
for its highest and best use and its value for agricultural purposes as defined in
this chapter. In determining the value of the property for its highest and best use,
consideration shall be given to sales of comparable properties in the general area,
use of which is unrestricted at the time of sale. The seller of the development rights
shall have the option of accepting payment in full at the time of transfer or accepting
payment on an installment basis in cash or with the principal paid by tax-exempt financial
instruments of the state with interest on the unpaid balance equal to the interest
paid by the state on bonds sold during the preceding twelve-month (12) period. Any
matter pending in the superior court may be settled by the parties subject to approval
by a referee. At any time after a matter has been referred to a referee, even after
an award is made by the referee, but before payment thereof, the petitioner may withdraw
the petitioner's petition upon payment of appraisal fees incurred by the state, together
with all court costs, and the award shall become null and void.
(c) Any land acquired by purchase, devise, or as a gift may be resold by the commission
with the development rights retained by the state and so noted by covenant in the
deed. Any such resale by the commission shall not be subject to the right to purchase
by the municipality in which the land is situated as provided by § 37-7-5. The proceeds from that sale shall be returned to the agricultural land preservation
fund.
(d) Any land received as a gift and not resold by the commission may be leased for agricultural
uses or other uses the commission determines are not detrimental to its agricultural
productivity. Any funds thus obtained shall be returned to the agricultural land preservation
fund.
(e) The commission may consider petitions by the owner of land, from which or whom the
state has purchased the development rights, to repurchase those development rights
from the state. The petition must be accompanied by a certificate from the municipalities
in which the land lies stating that two-thirds (â…”) of the city or town council has
approved the proposed development. The petition shall set forth the facts and circumstances
upon which the commission shall consider approval, and the commission shall deny approval
unless at least seven (7) of its members determine by vote that there is an overriding
necessity to relinquish control of the development rights. The commission shall hold
at least one public hearing in a city or town from which a certificate has been received,
prior to its consideration of the petition, which shall be announced in one newspaper
of local circulation. The expenses, if any, of the hearing shall be borne by the petitioner.
If the commission approves the sale of the development rights, it shall receive the
value of the development rights at the time of this sale, to be determined in the
same manner as provided for by subsection (b). Proceeds of the sale shall be returned
to the agricultural land preservation fund.