HB614 (2007) Detail

Relative to eminent domain.


HB 614-FN – AS INTRODUCED

2007 SESSION

07-0116

01/09

HOUSE BILL 614-FN

AN ACT relative to eminent domain.

SPONSORS: Rep. Villeneuve, Hills 18; Rep. Itse, Rock 9; Rep. Lund, Rock 5; Rep. Ulery, HillsĀ 27; Rep. Manney, Hills 7; Sen. Roberge, Dist 9

COMMITTEE: Judiciary

ANALYSIS

This bill clarifies the definition of “public use” for the purposes of eminent domain. This bill also codifies part 1, article 12-a of the New Hampshire constitution into the statutes.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

07-0116

01/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT relative to eminent domain.

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

1 Definition of “Public Use” Clarified. RSA 162-K:2, IX-a is repealed and reenacted to read as follows:

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; or 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; Constitutional Amendment Codified. Amend RSA 162-K by inserting after section 2 the following new section:

162-K:2-a Power to Take Property Limited. No part of a person’s property shall be taken by eminent domain and transferred, directly or indirectly, to another person if the taking is for the purpose of private development or other private use of the property.

3 Definition of “Public Use” Clarified. RSA 203:3, XIV is repealed and reenacted to read as follows:

XIV. “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; or 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.

4 New Section; Private Property. Amend RSA 203 by inserting after section 3 the following new section:

203:3-a Private Property. No real property shall be condemned or taken by eminent domain for urban renewal or for redevelopment projects unless the taking is for public use. No real property shall be condemned or taken by eminent domain to remove slums, structures beyond repair, public nuisances, structures unfit for human habitation or use, or abandoned property when such structures or property constitute a menace to the health and safety of the public at large, or for any other reason unless the taking is for public use. When eminent domain is used to condemn or take real property for a public project and is not used for the reason specified as a justification for the taking for a period of 5 years, it shall be returned to the original owner for the same price he or she was paid. If the former owner does not want to repurchase the property, the official entity shall not dispose of the property for 20 years. After 20 years, the official entity shall sell the property at public auction to the highest bidder.

5 Private Property; Definition of “Public Use” Clarified. RSA 205:3-a and RSA 205:3-b are repealed and reenacted to read as follows:

205:3-a Private Property. No real property shall be condemned or taken by eminent domain for urban renewal or for redevelopment projects unless the taking is for public use. No real property shall be condemned or taken by eminent domain to remove slums, structures beyond repair, public nuisances, structures unfit for human habitation or use, or abandoned property when such structures or property constitute a menace to the health and safety of the public at large, or for any other reason unless the taking is for public use. When eminent domain is used to condemn or take real property for a public project and is not used for the reason specified as a justification for the taking for a period of 5 years, it shall be returned to the original owner for the same price he or she was paid. If the former owner does not want to repurchase the property, the official entity shall not dispose of the property for 20 years. After 20 years, the official entity shall sell the property at public auction to the highest bidder.

205:3-b “Public Use” Defined. For the purposes of this chapter, “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; or 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.

6 Definition of “Public Use” Clarified. RSA 498-A:2, VII is repealed and reenacted to read as follows:

VII. “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; or 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.

7 New Section; Constitutional Amendment Codified. Amend RSA 498-A by inserting after section 2 the following new section:

498-A:2-a Power to Take Property Limited. No part of a person’s property shall be taken by eminent domain and transferred, directly or indirectly, to another person if the taking is for the purpose of private development or other private use of the property. Any private for-profit entity that provides a public service shall not use eminent domain to acquire property.

8 Effective Date. This act shall take effect January 1, 2008.

LBAO

07-0116

Revised 02/12/07

HB 614 FISCAL NOTE

AN ACT relative to eminent domain.

FISCAL IMPACT:

      The Department of Revenue Administration and the Department of Transportation state this bill will have no fiscal impact on state, county, and local revenue or expenditures in FY 2008 and each year thereafter.

METHODOLOGY:

    The Department of Revenue Administration and the Department of Transportation state this bill clarifies the definition of “public use” for the purpose of eminent domain. The Department of Transportation states the Department acquires property for public use as defined in this bill not for the purpose of promoting private land development. The Department of Revenue states this bill does not impact the Department, thus they would not bear any cost to administer the changes proposed in the bill.