AN ACT ESTABLISHING AN AGRICULTURAL PRESERVATION TRUST FUND IN THE TOWN OF DARTMOUTH.
Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
Notwithstanding the provisions of any general or special
law to the
contrary, there is hereby established in the town of Dartmouth an Agricultural
Preservation Trust Fund
for the purpose of preserving existing productive agricultural lands and
supporting and revitalizing the agricultural industry of the town. The trust
fund account shall be maintained as a separate account by the town treasurer.
receipts, revenues, gifts and funds from all activities of the town of
Agricultural Preservation Trust Council, hereinafter called the council, shall
deposited in the account. The treasurer may invest the funds in said account
the manner authorized by sections 54 and 55 of chapter 44 of the General
interest earned therein shall be credited to and become a part of the
The council as established by Dartmouth town meeting shall
recommendations for acquisitions and appropriation to the board of selectmen
the finance committee for their consideration, recommendation and approval.
receipt of such approval, the council shall have the following powers and
in carrying out the purposes of the fund:
(a) to purchase development rights to preserve the agricultural use of
(b) to exercise the town's right of first refusal under chapter 61A of the
(c) to foster and promote activities that are in the interest of preserving
agricultural land and revitalizing the agricultural industry in the town of
(d) to enter into agreements for the purposes set out herein which may
payment of funds for consideration in support of those agreements; but any
agreements and payments shall be subject to and contingent upon the approval of
the board of selectmen and the finance committee.
In exercising its powers and duties the council, with the
the board of selectmen and the finance committee, shall have the powers as set
out under section 8C of chapter 40 of the General Laws with
respect to the acquisition of land and buildings, the acquisition of interests
land and the expenditures of funds.
If the council determines that land or interest
in land are
no longer in use or preserved for agricultural purposes, such land or interest
land shall be transferred to conservation purposes as if acquired by the
conservation commission in the same manner as set out in section 8C of
of the General Laws.
Any further appropriation by town meeting for the council
purposes set out herein shall be by two-thirds vote.