§1156. Reimbursement for economic losses-Article V

Link to law: http://legislature.vermont.gov/statutes/section/10/045/01156
Published: 2015

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Title

10

:
Conservation and Development






Chapter

045

:
CONNECTICUT RIVER FLOOD CONTROL COMPACT






Subchapter

001
:
CONNECTICUT RIVER FLOOD CONTROL COMPACT










 

§

1156. Reimbursement for economic losses-Article V

The Commonwealth

of Massachusetts agrees to reimburse the State of New Hampshire fifty (50)

percent and the State of Vermont fifty (50) percent of the amount of taxes lost

to their political subdivisions by reason of ownership by the United States of

lands, rights or other property therein for the flood control dams and

reservoirs at Surry Mountain in New Hampshire and at Union Village in Vermont.

The State of

Connecticut agrees to reimburse the Commonwealth of Massachusetts forty (40)

percent, the State of New Hampshire forty (40) percent and the State of Vermont

forty (40) percent of the amount of taxes lost to their political subdivisions

by reason of ownership by the United States of lands, rights or other property

therein for the flood control dams and reservoirs at Tully, at Knightville and

at Birch Hill in Massachusetts, at Surry Mountain in New Hampshire and at Union

Village in Vermont.

The Commonwealth

of Massachusetts agrees to reimburse the State of New Hampshire fifty (50)

percent and the State of Vermont fifty (50) percent of the amount of taxes lost

to their political subdivisions by reason of acquisition and ownership by the

United States of lands, rights or other property therein for construction in

the future of any flood control dam and reservoir specified in Article IV

(section 1155 of this title) and also for any other flood control dam and

reservoir hereafter constructed by the United States in the Connecticut River

Valley.

The State of

Connecticut agrees to reimburse the Commonwealth of Massachusetts forty (40)

percent, the State of New Hampshire forty (40) percent and the State of Vermont

forty (40) percent of the amount of taxes lost to their political subdivisions

by reason of acquisition and ownership by the United States of lands, rights or

other property therein for construction in the future of any flood control dam

and reservoir specified in Article IV and also for any other flood control dam

and reservoir hereafter constructed by the United States in the Connecticut

River Valley.

Annually, not

later than November first of each year, the Commission shall determine the loss

of taxes resulting to political subdivisions of each signatory state by reason

of acquisition and ownership therein by the United States of lands, rights or

other property in connection with each flood control dam and reservoir for

which provision for tax reimbursement has been made in the four paragraphs next

above. Such losses of taxes as determined by the Commission shall be based on

the tax rate then current in each such political subdivision and on the average

assessed valuation for a period of five years prior to the acquisition by the

United States of such property, provided that whenever a political subdivision

wherein a flood control dam and reservoir or portion thereof is located shall

have made a general revaluation of property subject to the annual municipal

taxes of such subdivision, the commission may use such revaluation for the

purpose of determining the amount of taxes for which reimbursement shall be

made. Using the percentage of payment agreed to in said four paragraphs, the

Commission shall then compute the sum, if any, due from each signatory state to

each other signatory state and shall send a notice to the Treasurer of each

signatory state setting forth in detail the sums, if any, each is to pay to and

to receive from each other signatory state in reimbursement of tax losses.

Each signatory

state on receipt of formal notification from the Commission of the sum which it

is to pay in reimbursement for tax losses shall, not later than July first of

the following year, make its payment for such tax losses to the signatory state

wherein such loss or losses occur, except that in case of the first annual

payment for tax losses at any dam or reservoir such payment shall be made by

payor states not later than July first of the year in which the next regular

session of its Legislature is held.

Payment by a

signatory state of its share of reimbursement for taxes in accordance with

formal notification received from the Commission shall be a complete and final

discharge of all liability by the payor state to the payee state for each flood

control dam and reservoir within the payee state for the time specified in such

formal notification. Each payee signatory state shall have full responsibility

for distributing or expending all such sums received, and no agency or

political subdivision shall have any claim against any signatory state other

than the payee state, nor against the Commission relative to tax losses covered

by such payments.

Whenever a state

which makes reimbursement for tax losses and a state which received such

reimbursement from it shall agree, through the commission, on a lump sum

payment in lieu of annual payments and such lump sum payment has been made and

received, the requirement that the commission annually shall determine the tax

losses, compute sums due from each state and send notice thereof to the

treasurer of each state shall no longer apply to the aforesaid states with

respect to any flood control dam and reservoir for which lump sum payment has

been made and received.

The Commonwealth

of Massachusetts and the State of Connecticut each agrees to pay its respective

share in reimbursement, as determined by the Commission under the procedure

following, for economic losses and damages occurring by reason of ownership of

property by the United States for construction and operation of a flood control

dam and reservoir at any site specified in Article IV, and for any other flood

control dam and reservoir constructed hereafter by the United States in the

Connecticut River Valley, provided, however, that no reimbursement shall be

made for speculative losses and damages or losses or damages for which the

United States is liable.

On receipt of

information from the Chief of Engineers that request is to be made for funds

for the purpose of preparing detailed plans and specifications for any flood

control dam and reservoir proposed to be constructed in the Connecticut River

Valley, including those specified in Article IV, the Commission shall make an

estimate of the amount of taxes which would be lost to and of economic losses

and damages which would occur in political subdivisions of the signatory state

wherein such dam and reservoir would be located, wholly or in part, by reason

of acquisition and ownership by the United States of lands, rights or other

property for the construction and operation of such flood control dam and

reservoir and shall decide whether the flood control benefits to be derived in

the signatory states from such flood control dam and reservoir, both by itself

and as a unit of a comprehensive flood control plan, justifies, in the opinion

of the Commission, the assumption by signatory states of the obligation to make

reimbursement for loss of taxes and for economic losses and damages. Such

estimate and decision shall thereafter be reviewed by the Commission at

five-year intervals until such time as the United States shall have acquired

title to the site of such flood control dam or plans for its construction are

abandoned. The Commission shall notify the governor, the members of the United

States Senate and the members of the United States House of Representatives

from each signatory state and the Chief of Engineers as to the Commission's

decision and as to any change in such decision.

On receipt of

information from the Chief of Engineers that any flood control dam and

reservoir is to be constructed, reconstructed, altered or used for any purpose

in addition to flood control, including those flood control dams and reservoirs

heretofore constructed and those specified in Article IV, the Commission shall

make a separate estimate of the amount of taxes which would be lost to and of

economic losses and damages which would occur in political subdivisions of the

signatory state wherein such dam and reservoir would be located, wholly or in

part, by reason of acquisition and ownership by the United States of lands,

rights or other property for the construction and operation of such dam and

reservoir in excess of the estimated amount of taxes which would be lost and of

the economic losses and damages which would occur if the dam were constructed

and operated for flood control only and the commission shall decide the extent

to which, in its opinion, the signatory states would be justified in making

reimbursement for loss of taxes and for economic losses and damages in addition

to reimbursement for such dam and reservoir if constructed and used for flood

control only. Such estimate and decision shall thereafter be reviewed by the

Commission at five-year intervals until such time as such dam and reservoir

shall be so constructed, reconstructed, altered or used or plans for such

construction, reconstruction, alteration or use are abandoned. The Commission

shall notify the Governor, the members of the United States Senate and the

members of the United States House of Representatives from each signatory state

as to the Commission's decision and as to any change in such decision.

Within thirty

days after acquisition by the United States of the site of any flood control

dam the commission shall proceed to make a final determination of economic

losses and damages occasioned by such dam and reservoir. The Commission shall

not include in such determination either speculative losses and damages or

losses and damages for which the United States is liable.

The Commission

shall compute the share the Commonwealth of Massachusetts and the State of

Connecticut shall each pay to the state wherein such dam and reservoir is

located by multiplying the percentage of flood and damages, as previously

determined, by the percentage of flood control benefits which the Commonwealth

of Massachusetts and the State of Connecticut each receives, in the allocation

by states, of the flood control benefits resulting from the dam and reservoir.

The Commission

shall send a notice to the Treasurer of the Commonwealth of Massachusetts and

to the Treasurer of the State of Connecticut setting forth in detail the sum,

if any, each is to pay to the state wherein such dam and reservoir is located

in reimbursement for economic losses and damages and shall also send such

notice to the Treasurer of the state wherein such dam and reservoir is located.

The Commonwealth

of Massachusetts and the State of Connecticut on receipt of such formal

notification by the Commission shall 

each pay its share of such economic losses or damages to the signatory

states wherein such losses or damages occur. Full payment by either state of

the sum specified in such formal notification from the commission as to the

amount of economic losses and damages for which such state is to make

reimbursement shall be a complete and final discharge of all liability by the

payor state to the payee state for economic losses and damages for each flood

control dam and reservoir within the payee state designated in such formal

notification. Each payee signatory state shall have full responsibility for

distributing or expending all such sums received and no agency, political

subdivision, private person, partnership, firm, association or corporation

shall have any claim against any signatory state other than the payee state,

nor against the Commission relative to such economic losses and damages.

A signatory

state may, in agreement with the Commission and the Chief of Engineers, acquire

title or option to acquire title to any or all lands, rights or other property

required for any flood control dam and reservoir within its boundaries and

transfer such titles or options to the United States. Whenever the fair cost to

said signatory state for such titles or options, as determined by the

Commission, is greater than the amount received therefor from the United

States, the Commonwealth of Massachusetts and the State of Connecticut shall

each pay its share of such excess cost to said signatory state, such share to

be determined by the Commission in accordance with procedure herein contained

for determining reimbursement for economic losses and damages.

Whenever the

Commission shall not agree, within a reasonable time or within sixty days after

a formal request from the Governor of any signatory state, concerning

reimbursement for loss of taxes or for economic losses and damages at any flood

control dam and reservoir heretofore or hereafter constructed by the United

States in the Connecticut River Valley, or concerning the extent, if any, to

which reimbursement shall be made for additional loss of taxes and for

additional economic losses and damages caused by construction, reconstruction,

alteration or use of any such dam for purposes other than flood control, the

Governor of each signatory state shall designate a person from his state as a

member of a Board of Arbitration, hereinafter called the Board, and the members

so designated shall choose one additional member who shall be Chair of such

Board. Whenever the members appointed by the Governors to such Board shall not

agree within sixty days on such additional member of the Board, the Governors

of such signatory states shall jointly designate the additional member. The

Board shall by majority vote decide the question referred to it and shall do so

in accordance with the provisions of this compact concerning such

reimbursement. The decision of the Board on each question referred to it

concerning reimbursement for loss of taxes and for economic losses and damages

shall be binding on the Commission and on each signatory state, notwithstanding

any other provision of this compact.
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