HB130 (2009) Detail

Relative to enforceability of publicly-owned land restrictions.


CHAPTER 295

HB 130 – FINAL VERSION

12Feb2009… 0057h

2009 SESSION

09-0338

05/03

HOUSE BILL 130

AN ACT relative to enforceability of publicly-owned land restrictions.

SPONSORS: Rep. Kappler, Rock 2; Rep. Spang, Straf 7; Rep. Tupper, Merr 6

COMMITTEE: Resources, Recreation and Development

ANALYSIS

This bill provides that any land restriction or covenant held by the state, or a political subdivision of the state, shall be enforceable against future owners of the land.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12Feb2009… 0057h

09-0338

05/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT relative to enforceability of publicly-owned land restrictions.

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

295:1 New Section; Enforceability of Publicly-Owned Land Restrictions. Amend RSA 477 by inserting after section 22 the following new section:

477:22-a Enforceability of Publicly-Owned Land Restrictions. Any recorded restriction, order, covenant, or other interest in land held by the state, or any political subdivision of the state, shall be enforceable against any owner of the affected land or structure, including subsequent purchasers, heirs, or assignees, notwithstanding lack of privity of estate or contract, or lack of benefit to particular land, or the benefit being assignable or being assigned.

295:2 Effective Date. This act shall take effect 60 days after its passage.

Approved: July 31, 2009

Effective Date: September 29, 2009