SB542 (2008) Detail

Relative to a mediated settlement dispute in the town of Rye.


CHAPTER 54

SB 542 – FINAL VERSION

2008 SESSION

08-2918

06/01

SENATE BILL 542

AN ACT relative to a mediated settlement dispute in the town of Rye.

SPONSORS: Sen. Fuller Clark, Dist 24; Rep. Grote, Rock 18; Rep. Borden, Rock 18

COMMITTEE: Public and Municipal Affairs

ANALYSIS

This bill authorizes the mediated settlement of a disputed ownership of certain land in the town of Rye.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

08-2918

06/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

AN ACT relative to a mediated settlement dispute in the town of Rye.

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

54:1 Findings. The general court hereby affirms its long-term commitment to preserving the natural beauty, landscape, rural character, and natural resources of New Hampshire consistent with the enabling legislation of the land conservation investment program. The general court, however, recognizes that in this specific instance a boundary line adjustment affecting approximately 0.23 acres of land will not materially impair the conservation values for which the land was protected. The parties, each having evidence of claim to such portion, agreed to divide the disputed area of approximately 0.51 acres, 0.23 acres to the abutter and 0.28 acres to the town of Rye, as further delineated in the records of the Rockingham county superior court. The general court finds that in this instance, this act balances the public purposes of the conservation land with the rights of the abutting landowner regarding the boundary line and portion of land in dispute, with the need to ensure that the public's investment in conservation lands is not diminished over time.

54:2 Certain Land in the Town of Rye. A dispute exists concerning the boundary between a portion of land along Pioneer Road now owned by the town of Rye, with certain property rights possessed by the state of New Hampshire pursuant to the land conservation investment program under RSA 162-C, identified in the town's records as tax map 22, lot 74, and a portion of land also along Pioneer Road owned by an abutter now identified in the town's records as tax map 22, lot 75. A settlement proceeding held at the Rockingham county superior court on March 9, 2007 in Docket No. 06-E-0319 brought forth evidence that the town of Rye and the abutter each had a basis of a claim of ownership of the disputed parcel. The parties agreed to a division of the disputed parcel, with release of approximately 0.23 acres from the town of Rye to the abutter, subject to passage of this act. Notwithstanding any other law to the contrary, said portion may be released to the abutter.

54:3 Effective Date. This act shall take effect upon its passage.

Approved: May 12, 2008

Effective Date: May 12, 2008