The bill in question amends existing law to remove the requirement that an executory interest be conveyed to the state of New Hampshire in all easements acquired through the use of Land and Community Heritage Investment Program (LCHIP) funds. An executory interest is a future interest held by a third party which can take effect upon the occurrence of a specified event. The bill modifies RSA 227-M:3 to change the language from "acquire" to "provide funding for the acquisition of" resource assets, indicating a shift from direct acquisition to funding acquisitions. It also removes the stipulation that the state holds an executory interest in easements acquired by the program and held by municipalities or qualifying nonprofit corporations. Instead, the authority is now authorized to enter into contracts, accept rights of enforcement, and take other legal actions as necessary to enforce grant obligations arising from the use of program funds.

Further amendments to RSA 227-M:5 clarify the powers and duties of the authority overseeing the LCHIP. The authority is tasked with overseeing the expenditure of funds for program purposes and administrative costs, and a new provision (V-a) is added to enforce grant obligations through contracts, acceptance of rights to enforcement, or other legal actions as necessary. The act specifies that all acquisition projects must involve a willing seller and willing buyer, or a willing donor of resource assets, and explicitly states that there is no power for the state to take any resource by eminent domain using program funds, except in cases involving the voluntary quieting of title. The act was approved on June 14, 2024, and is set to take effect on August 13, 2024.

Statutes affected:
Introduced: 227-M:3, 227-M:5
Version adopted by both bodies: 227-M:3, 227-M:5
CHAPTERED FINAL VERSION: 227-M:3, 227-M:5