CHAPTER 27
HB 39 – FINAL VERSION
2007 SESSION
06/04
HOUSE BILL 39
COMMITTEE: Municipal and County Government
This bill repeals the penalty provision upon the expiration of a discretionary preservation easement.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
07-0084
06/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT repealing the penalty provision in discretionary preservation easements.
Be it Enacted by the Senate and House of Representatives in General Court convened:
27:1 Repeal. RSA 79-D:8, II, relative to the penalty provision in discretionary preservation easements, is repealed.
27:2 Reference Deleted. Amend RSA 79-D:6 to read as follows:
79-D:6 Terms; Recording. Any preservation easement acquired by the municipality pursuant to this chapter shall be for a minimum of 10 years. The easement terms shall include the method of assessment pursuant to RSA 79-D:7[, the terms of expiration pursuant to RSA 79-D:8, II,] and the terms of renewal pursuant to RSA 79-D:8, III. The local governing body shall provide for the recording of such easements with the register of deeds. Any costs of recording shall be the responsibility of the applicant.
27:3 Reference Deleted. Amend RSA 79-D:9, I to read as follows:
I. If a consideration is due under RSA 79-D:8, I [or II], the assessed value shall be determined as of the actual date of the release or expiration. Any consideration is in addition to the annual real estate tax imposed upon the property, and shall be due and payable upon the release or expiration.
27:4 Reference Deleted. Amend RSA 79-D:10 to read as follows:
79-D:10 Exemption for Eminent Domain. If any of the property which is subject to a discretionary preservation easement is condemned by any governmental agency or is acquired through eminent domain proceedings, the local governing body shall execute a release of the easement to the owner. None of the liquidated consideration provisions of RSA 79-D:8, I [and II] shall be applicable to releases granted pursuant to this section.
27:5 Effective Date. This act shall take effect January 1, 2008.
Approved: May 14, 2007
Effective: January 1, 2008