H.B. 385

127th General Assembly

(As Passed by the House)

 

Reps.     Hottinger, Evans, Wagoner, Flowers, Stebelton, Chandler, Mallory, J. McGregor, Yuko, Bacon, Barrett, Batchelder, Budish, Combs, Domenick, Dyer, Fende, Goyal, J. Hagan, Harwood, Hughes, Luckie, Lundy, Mecklenborg, J. Otterman, Patton, Peterson, Schindel, D. Stewart, Zehringer

BILL SUMMARY

·        Authorizes land acquired by a board of township trustees for the purpose of protecting or preserving "greenspace" to be used for recreational purposes.

CONTENT AND OPERATION

Continuing law provides that the taxing authority of a subdivision, by resolution adopted by two-thirds of its members and with voter approval, may levy property taxes for specified purposes.  Among those purposes is authority for a board of township trustees, to acquire an ownership interest in land, water, or wetlands (other than by appropriation), or to restore or maintain land, water, or wetlands in which the board has an ownership interest, not for purposes of recreation, but for the purposes of protecting and preserving the natural, scenic, open, or wooded condition of the land, water, or wetlands against modification or encroachment resulting from occupation, development, or other use (i.e. protecting or preserving "greenspace").  The bill specifies that land is not acquired for purposes of recreation, even if the land is used for recreational purposes, so long as no building, structure, or fixture used for recreational purposes is permanently attached or affixed to the land.

HISTORY

ACTION

DATE

 

 

Introduced

11-07-07

Reported, H. Local & Municipal Government & Urban Revitalization


01-31-08

Passed House (92-2)

03-12-08

 

 

 

h0385-ph-127.doc/kl