[HISTORY: Adopted by the Town Meeting of the Town of Easton as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-18-2005]
A. 
The Board of Selectmen shall appoint a Land Acquisition and Development Authority consisting of five members and two alternates to serve terms of three years with terms ending on January 2; provided, however, that at the time of the first appointment, two members and one alternate shall be appointed for a period of two years only or until January 2, 2008, whichever is earlier. No more than three members and one alternate shall be members of the same political party.
B. 
The Authority shall evaluate land for possible acquisition in fee by the Town or for the possible acquisition by the Town of development rights to such land. The Authority shall make recommendations to the Board of Selectmen as appropriate. Land will be evaluated for acquisition based upon its potential use for open space, recreation or housing. Before making any recommendation, the Commission shall consult with other Town boards and officials, including the Board of Selectmen, Town Planner, the Conservation Commission, the Planning and Zoning Commission and the Park and Recreation Commission. For purposes of this chapter, "land" shall mean real property with or without improvements thereon located within the Town of Easton. "Development rights" shall mean the rights or combination of rights of owners of land to construct on, sell, lease or otherwise develop or improve such land and shall include any easement, interest or rights in land and any covenants and agreements with owners of land or interests therein to acquire, maintain, improve, protect, limit the future use of or otherwise conserve such land.
A. 
The types of land to be considered for acquisition by the Town must be:
(1) 
Land that has unique features and/or significant scenic, topographic, conservation or wilderness value based on the characteristics of the land.
(2) 
Land that has significant historical or archaeological value based on the character of the land or improvements thereon.
(3) 
Land that has recreational value as outlined in the Town Plan of Conservation and Development.
(4) 
Land that has potential value for housing development.
(5) 
Land that has potential value because its acquisition will provide other strategic opportunities for the Town consistent with the purpose of this chapter and the Town Plan of Conservation and Development.
B. 
The types of development rights to be considered for purchase by the Town must be consistent with the general purpose of this chapter and may include one or more of the following:
(1) 
Development rights which will tend to maintain and enhance the conservation of natural or scenic resources.
(2) 
Development rights which will tend to protect natural topography, streams or water supply.
(3) 
Development rights which will tend to protect historical or archaeological sites.
(4) 
Development rights which will tend to promote conservation of agricultural soils, particularly prime farmland soil.
(5) 
Development rights which will tend to contribute towards the preservation of agriculture in the Town.
(6) 
Development rights which will tend to promote certain publicly desirable uses of the land, at the present time expected to include agricultural, forest and natural uses.
(7) 
Development rights which provide other strategic advantage to the Town consistent with the purpose of this chapter and the Town Plan of Conservation and Development.
A. 
The Authority shall forward recommendations to the Board of Selectmen for consideration. Upon gaining the support of the Board, the Authority will then present a request for appropriation to the Board of Finance.
B. 
Upon approval of the Board of Selectmen and the Board of Finance, the decision to acquire the land shall be put to a vote before the Town Meeting.
C. 
At the Town Meeting, the Authority shall provide information about the parcel, the proposed purpose for its purchase and the method and sources of funding.
Pursuant to Connecticut General Statutes § 7-131r and Public Act No. 05-228, the Town hereby establishes a Land Acquisition Fund to be used for the purpose of acquiring and maintaining land and development rights within the Town of Easton. Such fund shall not lapse at the close of the municipal fiscal year. Such fund shall be held in a separate, interest-bearing account with all interest and income derived from the assets of the fund paid into the fund and added to the assets of the fund. The Land Acquisition Fund may:
A. 
Accept donations from the public and private entities and from individuals.
B. 
Accept contributions required by the Town Planning and Zoning Commission and the Conservation Commission as a condition for the approval of applications before such Commissions. Such required contributions may be in place of or in addition to any contribution to the Fee in Lieu of Open Space Fund. This chapter is intended to supplement, and not to replace, the Fee in Lieu of Open Space Fund.
C. 
Receive funds through an appropriation in the annual budget as allowed by Connecticut General Statutes § 7-131r.
D. 
Be used alone or in combination with other public or private funds to acquire and maintain land and development rights.
E. 
Be used for the purpose of investigating, testing, appraising, and analyzing the suitability and value of a potential parcel of land for acquisition.
F. 
Be used for the purpose of providing for the general maintenance, but not improvement, of such acquired parcels.
[Adopted 9-21-2021]
The Town shall not acquire any real property by purchase, lease or otherwise, nor shall the Town dispose of any real property by sale, lease or otherwise without the approval of the Board of Selectmen by majority vote at a regular or special meeting of the Board of Selectmen called for such purpose.
A. 
If the acquisition or disposition approved by the Board of Selectmen is (i) of a property having a value of $200,000 or more or (ii) a lease of a property with aggregate anticipated payments having a value of $200,000 or more over the term of the lease or having a term of three years or more, including renewal options or (iii) a sale or lease of a property substantially below fair market value, such transaction shall not be made without the prior approval of such transaction (or, in the case of an acquisition, approval of funding therefor) at a Town Meeting by majority vote at such meeting or by majority vote by machine vote after such a Town Meeting properly adjourned for such machine vote by the Board of Selectmen pursuant to C.G.S § 7-7.
B. 
If the acquisition or disposition approved by the Board of Selectmen is not (i) of a property having a value of $200,000 or more or (ii) a lease of a property with aggregate anticipated payments having a value of $200,000 or more over the term of the lease or having a term of three years or more, including renewal options or (iii) a sale or lease of a property substantially below fair market value, but 10% or more persons entitled to vote at a Town Meeting file, within 20 days of the decision by the Board of Selectmen, a petition for a Town Meeting for the purpose of considering the acquisition or disposition, then the acquisition or disposition shall not be made without the approval of such transaction (or, in the case of an acquisition, approval of funding therefor) at a Town Meeting by majority vote at such meeting or by majority vote by machine vote after such a Town Meeting properly adjourned for such machine vote by the Board of Selectmen pursuant to C.G.S § 7-7.
This article shall not apply to any acquisition or disposition by the Town prior to the effective date of this article, nor to any existing lease executed prior to the effective date of this article, nor to any renegotiation or renewal of such prior lease although consultation with the Board of Finance is required unless there is a change in purpose (in which case the renegotiation or renewal shall be treated as a new lease), nor to any acquisition of real property by the Town by tax foreclosure. Any acquisition or disposition of any real property by the Town to which this article does not apply shall be approved by the Board of Selectmen at a regular or special meeting called for such purpose. This article shall also not apply to any acquisition of open space acquired as part of a subdivision approval by the Planning and Zoning Commission.