BILL AS INTRODUCED

H.575

Introduced by Representatives Johnson of Canaan and Peaslee of Guildhall

Referred to Committee on

Date:

Subject: Conservation; extinguishment of Nature Conservancy interests in easement

Statement of purpose: This bill proposes to require the secretary of natural resources to negotiate with The Nature Conservancy to procure the termination of any Nature Conservancy interest in lands transferred to state ownership as part of the so-called “Champion lands.” If the secretary is unsuccessful in negotiating the termination of those interests, he or she shall then initiate the process of eminent domain, as established in the bill, to extinguish the interests of The Nature Conservancy, and to pay it just compensation for those interests.

AN ACT RELATING TO TERMINATING CERTAIN INTERESTS IN STATE-OWNED PROPERTY THAT WAS PART OF THE SO-CALLED CHAMPION LANDS

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1. NATURE CONSERVANCY EASEMENTS ON STATE-OWNED

PORTION OF FORMER CHAMPION LANDS

(a) Legislative findings of necessity. The general assembly finds and determines that, given the wide public interest in the management of the state‑owned portion of the former so-called “Champion lands,” it is necessary that the state-owned portion of these lands be managed by public entities who are able to serve the public without being subjected to restrictions on public use that are subject to enforcement by private groups that may have agendas not shared by all citizens of the state. Accordingly, the general assembly finds that it is necessary and desirable to acquire the real property interest specified in this section, for the use and benefit of the citizens of the state of Vermont, and for the promotion of the general welfare.

(b) Purchase of release from easements. The secretary of natural resources is directed to negotiate with The Nature Conservancy to procure the termination of any Nature Conservancy interest in lands transferred to the state as part of the so‑called “Champion lands,” and to purchase those interests in the land, if purchase can be accomplished at a price satisfactory to the secretary.

(1) In the absence of successful negotiation under subsection (b) of this section, the secretary of natural resources, pursuant to the declaration of purpose contained in subsection (a) of this section, shall acquire the interest in the property specified in subsection (b) of this section, by exercise of the power of eminent domain, which is hereby conferred.

(2) If the secretary of natural resources proceeds under this subsection, then the attorney general, on behalf of the secretary, shall petition the Orleans superior court to issue its order of condemnation, terminating the interests of The Nature Conservancy in the property and establishing the amount of compensation to be paid for the interests in property. Copies of the petition shall be served on all persons holding an interest of record pursuant to the Vermont Rules of Civil Procedure.

(3) The Orleans superior court shall set the petition for hearing within 90 days after the filing thereof unless the hearing is waived in writing by all parties to the proceeding, including the state. Failure by the court to establish a hearing date as required by this subdivision shall not defeat or otherwise invalidate or nullify the petition.

(4) At the time set by the court for hearing the petition, any person holding an interest of record in the property may appear and be heard on the questions of necessity and compensation. At the conclusion of the hearing, or upon waiver of a hearing by all persons holding a lien or other recorded interest in the property, the court shall prepare its findings of fact and order on the questions of necessity and compensation. Any party to the proceeding, including the state, who appeared at the hearing and who is dissatisfied with the order of the court, or any part thereof, may appeal the order to the supreme court as provided in the Vermont Rules of Appellate Procedure.

(5) If the order of the court, when final, grants the petition, then the state shall, within the time prescribed by the order, by its check payable jointly to all persons having an interest of record, deliver in person or by mail to the person holding record fee title the amount prescribed by the order. Upon payment of the amount required by the court’s order, interests of The Nature Conservancy in the property shall be terminated. A copy of the court’s order shall be filed for record with the clerk of each town in which the property lies and with the secretary of state.

(d) The amount to be paid by the state under subsection (b) of this section, or under subdivision (c)(5) of this section, shall be paid from any appropriation to the agency of natural resources. Credit of the state of Vermont is pledged to the payment of all amounts awarded or allowed under the provisions of this section, and such amounts shall be lawful obligations of the state of Vermont.