Bill Text - HB1129 (2006)

Relative to eminent domain.


Revision: Jan. 21, 2010, midnight

HB 1129 – AS INTRODUCED

2006 SESSION

06-2034

01/09

HOUSE BILL 1129

AN ACT relative to eminent domain.

SPONSORS: Rep. Villeneuve, Hills 18; Rep. Gibson, Hills 19; Rep. Itse, Rock 9; Sen. Roberge, Dist 9

COMMITTEE: Judiciary

ANALYSIS

This bill adds a definition of public use to the statutes regarding eminent domain. The bill also asserts that private property shall not be taken through eminent domain if the purpose of the taking is for economic development.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

06-2034

01/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT relative to eminent domain.

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

1 New Paragraph; Definition Added; Public Use. Amend RSA 162-K:2 by inserting after paragraph IX the following new paragraph:

IX-a. “Public use” shall only mean the possession, occupation, and enjoyment

of the land by the general public, or by public agencies; or the use of land for the creation or functioning of public utilities; the acquisition of property to cure a concrete harmful effect of the current use of the land, including the removal of public nuisances, structures that are beyond repair or that are unfit for human habitation or use, and the acquisition of abandoned property. The public benefits of economic development, including an increase in tax base, tax revenues, employment, and general economic health, shall not constitute a public use.

2 New Section; Private Property. Amend RSA 162-K by inserting after section 2 the following new section:

162-K:2-a Private Property. Notwithstanding any provision of law to the contrary, an entity shall not take private property through eminent domain if the purpose of the taking is for economic development. Private property shall not be taken for private use without the consent of the owner.

3 Public Purposes Changed to Public Uses. Amend the introductory paragraph of RSA 162-K:5 to read as follows:

162-K:5 Establishment of Districts; Limitations. Upon a finding that such action will serve public [purposes] uses, the legislative body of the municipality may create, within its jurisdiction, development districts. The area of a district may be enlarged following the date of designation of the district. Municipalities establishing development districts shall comply with one of the following limitations:

4 Public Purpose Changed to Public Use. Amend the introductory paragraph of RSA 162-K:10, III(b) to read as follows:

(b) The general court finds that municipalities that have adopted a tax increment financing plan and issued tax increment financing plan bonds under this chapter before April 29, 1999, or which have adopted a tax increment financing plan and entered into contracts and incurred liabilities in reliance upon the tax increment plans under this chapter before April 29, 1999, have incurred obligations which must be honored. The general court recognizes also that in accordance with the intent of this chapter, such obligations were entered into in order to accomplish a public [purpose] use and for the improvement of development in municipalities. Accordingly, the provisions of subparagraph III(a) shall not apply to tax increment financing plan districts which authorized and issued tax increment bonds under this chapter before April 29, 1999 or which adopted a tax increment financing plan under this chapter and entered into contracts and incurred financial liabilities in reliance upon such tax increment plan before April 29, 1999. This subparagraph shall only apply to tax development districts as they existed as of April 29, 1999. To the extent such tax increment financing plan is amended to increase the amount of bonded indebtedness, to increase the cost of the development program, or to extend the duration of the program’s existence, this subparagraph shall not apply. The assessors shall determine assessed valuation and tax increments according to the following method:

5 New Sections; Definition of “Public Use; Private Property.” Amend RSA 205 by inserting after section 1-b the following new section:

205:1-c Definition of “Public Use.” For the purposes of the exercise of the power of eminent domain pursuant to this chapter, “public use” shall mean the possession, occupation, or use of property by the housing authority. Any public benefit derived from redevelopment under this chapter, including an increase in tax base, tax revenue, employment, or general economic health shall not be considered a public use.

205:1-d Private Property. Notwithstanding any provision of law to the contrary, an entity shall not take private property through eminent domain if the purpose of the taking is for economic development. Private property shall not be taken for private use without the consent of the owner.

6 Eminent Domain; Intent of Chapter. Amend RSA 498-A:1 to read as follows:

498-A:1 Intent of Chapter. It is the intent by the enactment of this chapter to provide a complete and exclusive procedure to govern all condemnations of property for public [purposes] use including the review of necessity[,] and public [purposes] use, [and net-public benefit,] and the assessment of damages therefor. It is not intended to enlarge or diminish the power of condemnation given by law to any condemnor and it is not intended to enlarge or diminish the rights given by law to any condemnee to challenge the necessity[,] and public [purposes] use[, and net-public benefit] for any condemnation.

7 Eminent Domain; Definitions. Amend RSA 498-A: 2 to read as follows:

498-A:2 Definitions. The following words, when used in this chapter, unless the context clearly indicates otherwise, shall have the meanings ascribed to them in this section:

I. “Condemn” means to take public and private property by authority of law for a public [purpose] use;

II. “Condemnee” means the owner of record of property taken or to be taken, including tenants for life or years, remaindermen, reversioners, and holders of undischarged mortgages of record whose mortgages are dated not earlier than 20 years prior to the date of the filing of declaration of taking, municipalities with respect to unpaid taxes, fees and interest for which the municipality has been granted a lien or other interest in the property under the provisions of RSA¬†80, and guardians ad litem appointed pursuant to the provisions of this chapter. This definition does not include judgment creditors or other lien holders;

III. “Condemnor” means the entity, including the state of New Hampshire, taking property of another under authority of law for a public [purpose] use;

IV. “Court” means the superior court of the state of New Hampshire;

V. “Property” shall include lands, tenements and hereditaments and all rights thereto and interests therein;

VI. “Board” shall mean the board of tax and land appeals established under RSA 71-B:1 [.];

VII. “Public use” means the possession, occupation, or use of property by a public entity or public utility. Any public benefit derived from economic development, including an increase in tax base, tax revenue, employment, or general economic health shall not be considered a public use.

8 New Section; Private Property. Amend RSA 498-A by inserting after section 2 the following new section:

498-A:2-a Private Property. Notwithstanding any provision of law to the contrary, an entity shall not take private property through eminent domain if the purpose of the taking is for economic development. Private property shall not be taken for private use without the consent of the owner.

9 Eminent Domain; Notice of Offer. Amend RSA 498-A:4, III(b)(1) to read as follows:

(1) The [purpose] public use for which the property will be taken.

10 Eminent Domain; Condemnation. Amend RSA 498-A:5, II(e) to read as follows:

(e) A brief description of the purpose of the condemnation, including the public use for which the property will be taken, and the need therefor;

11 Eminent Domain; Preliminary Objections. Amend RSA 498-A:9-a, I(c) to read as follows:

(c) The necessity[,] and public [purposes, and net-public benefit] use of the taking.

12 Eminent Domain; Determination of Preliminary Objections Based on Necessity. Amend the section heading and paragraph I of RSA 498-A:9-b to read as follows:

498-A:9-b Determination of Preliminary Objections Based on Necessity[,] and Public [Purpose, and Net-Public Benefit] Use.

I. If a condemnee files a preliminary objection under RSA 498-A:9-a, I(c) concerning necessity[,] and public [purpose, or net-public benefit] use, the board shall transfer that preliminary objection to the superior court of the county in which the property is located. There shall be no filing fee for such transfer.

13 Effective Date. This act shall take effect 60 days after its passage.

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