SB409 (2008) Detail

Relative to conservation and preservation restrictions.


CHAPTER 125

SB 409 – FINAL VERSION

05/08/08 1477eba

2008 SESSION

08-2734

05/09

SENATE BILL 409

AN ACT relative to conservation and preservation restrictions.

SPONSORS: Sen. Janeway, Dist 7; Sen. Fuller Clark, Dist 24

COMMITTEE: Energy, Environment and Economic Development

ANALYSIS

This bill requires the grantee and any contingent grantees to sign the document creating or amending a conservation or preservation restriction.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05/08/08 1477eba

08-2734

05/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

AN ACT relative to conservation and preservation restrictions.

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

125:1 Interests in Real Estate. Amend RSA 477:47 to read as follows:

477:47 Interests in Real Estate. Conservation, preservation, and agricultural preservation restrictions are interests in real estate and a document creating such a restriction shall be deemed a conveyance of real estate for purposes of RSA 477:3 and [3-A] RSA 477:3-a relating to execution and recording. Such a restriction may be enforced by an action at law or by injunction or other proceeding in equity. No grantee or contingent grantee interest in such a restriction shall be created or amended by any document unless it bears the notarized signature of the grantee [or] and any and all contingent [grantee] grantees.

125:2 Effective Date. This act shall take effect 60 days after its passage.

Approved: June 3, 2008

Effective Date: August 2, 2008