HB287 (2008) Detail

Requiring the seller to provide notice to the buyer of privately owned land or property known, or in an area historically known, to have been inhabited by Native Americans.


HB 287 – AS INTRODUCED

2007 SESSION

07-0584

05/04

HOUSE BILL 287

AN ACT requiring the seller to provide notice to the buyer of privately owned land or property known, or in an area historically known, to have been inhabited by Native Americans.

SPONSORS: Rep. J. Tilton, Merr 6; Rep. Wall, Straf 7; Rep. Crane, Hills 21; Sen. Fuller Clark, Dist 24

COMMITTEE: State-Federal Relations and Veterans Affairs

ANALYSIS

This bill requires the seller or seller’s agent to notify a potential buyer prior to the sale of privately owned property known, or in an area historically known, to have been inhabited by Native Americans that if an excavation shows evidence of Native American artifacts or remains, any construction activity shall cease until it is officially determined if such land requires an archeological dig to protect and preserve historical artifacts and remains.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

07-0584

05/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT requiring the seller to provide notice to the buyer of privately owned land or property known, or in an area historically known, to have been inhabited by Native Americans.

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

1 New Section; Notice Required; Native Americans Artifacts and Remains. Amend RSA 477 by inserting after section 4-g the following new section:

477:4-h Notice of Native American Artifacts and Remains. Prior to the sale of privately owned property known, or in an area historically known, to have been inhabited by Native Americans, the seller or seller’s agent shall inform the potential buyer if Native American artifacts or remains have been found and if an archeological dig was completed. The seller or seller’s agent also shall inform the potential buyer that if any future digging or excavation of the property shows evidence of historical artifacts or remains, any and all excavation shall cease until it is officially determined by the state archaeologist if such land requires an archeological dig to protect and preserve the historical artifacts and remains. The buyer shall receive official notification from the state that the dig has been completed before continuing with the land or property development.

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