HB 1554 – AS INTRODUCED
2006 SESSION
06/03
HOUSE BILL 1554
AN ACT relative to the amount paid for property in eminent domain.
SPONSORS: Rep. Kennedy, Merr 4
This bill establishes that the price paid for property taken in eminent domain shall be at least 3 times the highest value for the property in the past 10 years.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06-2847
06/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to the amount paid for property in eminent domain.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Eminent Domain; Appraisal; Period Considered. Amend RSA 498-A:4, II(a) to read as follows:
(a) The condemnor shall have an impartial, qualified appraiser make at least one appraisal of all property proposed to be acquired. The appraiser shall make reasonable efforts to confer with the condemnees or their personal representatives. The appraisal shall be for the highest value for the property within the 10 years preceding the date of the appraisal.
2 Eminent Domain; Price Offered. Amend RSA 498-A:4, III(b)(5) to read as follows:
(5) That an action to condemn the property in the manner provided by this chapter will be commenced if the offer is not accepted within 30 days after service of the notice. Just compensation for the taking shall be [based on the] at least 3 times the highest value of the property [as of] during the 10 years preceding the date of taking or at the sole election of all condemnees, compensation may be based upon 3 times the [property’s] fair market value of the property based upon the date the governmental entity, with the statutory authority to condemn, votes to acquire the comdemnee’s property. Any such election shall occur not later than 30 days from the return date of the RSA 498-A:8, I order of notice by written notice to the board of tax and land appeals and the condemnor.
3 Determination of Just Compensation; Three Times Fair Market Value. Amend RSA 498-A:25 to read as follows:
498-A:25 Method of Determination. The board shall proceed to a determination of just compensation, which shall be no less than 3 times the highest value of the property during the previous 10 years, and shall hear evidence in that regard offered by the parties. The board shall first determine total compensation to be awarded on account of the taking and, if there is more than one person entitled to compensation, the award shall be apportioned among such persons, to each his or her proportionate share of the total compensation so found. The board may use its staff appraisers in evaluating a case before it.
4 Effective Date. This act shall take effect January 1, 2007.