Mass. Gen. Laws ch. 20, sec. 33 — MA Code / Part I / Title II / Chapter 20 / Section 33
Program to acquire lands and waters for protect and conserve land to further mission of the department of agricultural resources
Status: in_force

Section 33. Notwithstanding any general or special law to the contrary, the secretary of energy and environmental affairs shall establish a program to acquire by purchase, gift, lease, eminent domain or otherwise lands and waters and easements therein to protect and conserve land for the purpose of furthering the mission of the department of the agricultural resources including, but not limited to, retaining land for farming or agriculture as defined by section 1A of chapter 128 and providing affordable and equitable access to agricultural and horticultural lands. The commissioner of agricultural resources may, from funds appropriated to carry out this section or from funds received from other sources, compensate a landowner for the acquisition by the department of real estate owned by the landowner in such amount as determined by the commissioner to be equitable in consideration of anticipated benefits from such acquisition in accordance with any land acquisition regulations of the department. The commissioner may use department funds to create, replace and maintain appropriate infrastructure and improvements that the department deems consistent with the goals of this section and the department's mission. The department may lease, license or otherwise manage these lands as it deems necessary to implement this section and carry out the department's mission and goals. Acquisition of land or water under this section shall not guarantee any public access unless otherwise agreed to by the department. The department may promulgate rules and regulations relative to the rights, privileges and use of lands, waters, real estate interests and associated improvements acquired and maintained under this section. The department may dispose of any such real estate as permitted under section 5A of chapter 3 with a two thirds vote of the general court or through the sale to a qualified farmer or beginning farmer in conjunction with permanent protection of the real estate interest, including through an agricultural preservation restriction to the commonwealth or other qualified conservation entity. [The Department of Environmental Management was changed to the Department of Conservation and Recreation by 2008, 451, Sec. 33.]

Section 33. Notwithstanding any general or special law to the contrary, the secretary of energy and environmental affairs shall establish a program to acquire by purchase, gift, lease, eminent domain or otherwise lands and waters and easements therein to protect and conserve land for the purpose of furthering the mission of the department of the agricultural resources including, but not limited to, retaining land for farming or agriculture as defined by section 1A of chapter 128 and providing affordable and equitable access to agricultural and horticultural lands.

The commissioner of agricultural resources may, from funds appropriated to carry out this section or from funds received from other sources, compensate a landowner for the acquisition by the department of real estate owned by the landowner in such amount as determined by the commissioner to be equitable in consideration of anticipated benefits from such acquisition in accordance with any land acquisition regulations of the department. The commissioner may use department funds to create, replace and maintain appropriate infrastructure and improvements that the department deems consistent with the goals of this section and the department's mission.

The department may lease, license or otherwise manage these lands as it deems necessary to implement this section and carry out the department's mission and goals.

Acquisition of land or water under this section shall not guarantee any public access unless otherwise agreed to by the department.

The department may promulgate rules and regulations relative to the rights, privileges and use of lands, waters, real estate interests and associated improvements acquired and maintained under this section.

The department may dispose of any such real estate as permitted under section 5A of chapter 3 with a two thirds vote of the general court or through the sale to a qualified farmer or beginning farmer in conjunction with permanent protection of the real estate interest, including through an agricultural preservation restriction to the commonwealth or other qualified conservation entity.

[The Department of Environmental Management was changed to the Department of Conservation and Recreation by 2008, 451, Sec. 33.]