HB 1596-FN – AS INTRODUCED
2006 SESSION
01/10
HOUSE BILL 1596-FN
AN ACT relative to eminent domain compensation.
This bill establishes a new standard for compensation in an eminent domain proceeding when a taking is by a governmental entity.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06-2506
01/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to eminent domain compensation.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Eminent Domain; Definition Added. Amend RSA 498-A:2 by inserting after paragraph VI the following new paragraph:
VII. “Public use” means use by a public entity or a public utility, as defined by RSA 362:2, and regulated under title XXXIV.
2 New Section; Compensation for Taking by a Public Body. Amend RSA 498-A by inserting after section 25 the following new section:
498-A:25-a Compensation for Taking by a Public Body. Notwithstanding RSA 498-A:25 or any other provision of law to the contrary, if property is taken by eminent domain for public use, as defined in RSA 498-A:2, VII, compensation shall be fair market value as of the date of condemnation. If property is taken by eminent domain for any other use, including transfer to or operation by a non-public entity such as a for-profit or not-for-profit corporation, or if property is taken by eminent domain for public use and at some subsequent time put to any other use, compensation shall be the highest of the following:
(a) The fair market value of the property as of the date of condemnation;
(b) The assessed value of the property for local or other property tax purposes; or
(c) The proportionate share of the market value of the assemblage of parcels which are condemned.
3 Effective Date. This act shall take effect January 1, 2007.
LBAO
06-2506
11/28/05
HB 1596-FN - FISCAL NOTE
AN ACT relative to eminent domain compensation.
FISCAL IMPACT:
The New Hampshire Municipal Association indicates this bill may increase local expenditures by an indeterminable amount in FY 2007 and each year thereafter. There will be no fiscal impact on state, county and local revenue or state and county expenditures.
METHODOLOGY:
The New Hampshire Municipal Association states this bill establishes a new standard for determining just compensation when property is taken by eminent domain. Under existing case law, a party whose property is taken by eminent domain is to be compensated for the fair market value of the property taken. This legislation could result in the awarding of a higher value in some cases, thus, there is a potential for increased cost to municipalities. However, the existence and amount of any such impact would depend on the facts of each case. Further, the exercise of eminent domain is a voluntary act, so no municipality would be compelled to incur such increased costs. Therefore, it is impossible to determine the amount of the fiscal impact.
The Department of Transportation states that this bill will have no fiscal impact on the state. The Department assumes that all property purchased for transportation projects meets the definition of public purpose. These purchases include property purchased for mitigation purposes and complete acquisitions at the condemnee’s request.