HB540 (2005) Detail

Relative to the disposal of real property purchased with highway or turnpike funds.


CHAPTER 12

HB 540-FN – FINAL VERSION

2005 SESSION

05-0314

06/10

HOUSE BILL 540-FN

AN ACT relative to the disposal of real property purchased with highway or turnpike funds.

SPONSORS: Rep. Graham, Hills 18; Rep. Dodge, Rock 9; Rep. Cloutier, Sull 4; Rep. Rausch, Rock 5; Sen. Morse, Dist 22; Sen. Clegg, Dist 14; Sen. D'Allesandro, Dist 20

COMMITTEE: Public Works and Highways

ANALYSIS

This bill removes the requirement for approval from the council on resources and development before the disposal of property purchased with state or federal highway funds, or both, or with turnpike funds.

This bill is a request of the committee to study state transportation plan funding established in 2004, 262:3.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05-0314

06/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT relative to the disposal of real property purchased with highway or turnpike funds.

Be it Enacted by the Senate and House of Representatives in General Court convened:

12:1 New Section; Disposal of Highway or Turnpike Funded Real Estate. Amend RSA 4 by inserting after section 39-b the following new section:

4:39-c Disposal of Highway or Turnpike Funded Real Estate. Disposal of real estate purchased with state or federal highway funds, or both, or with turnpike funds shall occur as follows:

I. Upon recommendation of the commissioner of the department of transportation to dispose of or lease property purchased with state or federal highway funds or both, or turnpike funds, the request for disposal or leasing shall be reviewed and approved by the long range capital planning and utilization committee before submission to the governor and council for approval. Upon determination that the property is no longer needed by the state, the governor and council shall first offer it to the government of the town, city, or county in which the property is located. If the town, city, or county refuses the offer, the governor and council may sell, convey, transfer, or lease the real property.

II. Sales of real property under this section shall be at not less than current market value of the subject property, as may be determined by the governor and council. If the town, city, or county decides to resell the property, it shall first offer the property to the state at the market value at the time of sale.

III. The proceeds from a sale, conveyance, transfer, or lease under this section shall be credited to either the highway fund or the turnpike fund, whichever fund provided money for the original purchase.

12:2 Disposal of Real Estate; Highway or Turnpike Funded Real Estate Exempt. Amend RSA 4:40, I to read as follows:

I. Except as provided in RSA 4:39-a, RSA 4:39-c, and RSA 204-D, upon recommendation of the head of any state department having jurisdiction over the same and with the approval of the council on resources and development, all requests for the disposal or leasing of state-owned properties shall be reviewed and approved by the long range capital planning and utilization committee prior to submission to the governor and council for approval. Upon determination that the property is no longer needed by the state, the governor and council shall first offer it to the town, city, or county in which the property is located. If the town, city, or county refuses the offer, the governor and council may sell, convey, transfer, or lease the real property.

12:3 Effective Date. This act shall take effect 60 days after its passage.

(Approved: May 3. 2005)

(Effective Date: July 2, 2005)

Links

HB540 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

HB540 Revision: 8981 Date: Jan. 21, 2010, midnight

Docket