HB 539-LOCAL – AS INTRODUCED
2009 SESSION
06/09
HOUSE BILL 539-LOCAL
AN ACT relative to town boundaries and the laws pertaining to such boundaries.
SPONSORS: Rep. Theberge, Coos 4; Rep. Butterworth, Ches 4; Rep. Patten, Carr 4; Rep. Ingersoll, Coos 4; Sen. Gallus, Dist 1
COMMITTEE: Municipal and County Government
This bill modifies certain procedures for the perambulation of towns.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-0369
06/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to town boundaries and the laws pertaining to such boundaries.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Perambulation of Towns. RSA 51:2 - RSA 51:8 are repealed and reenacted to read as follows:
51:2 Perambulation of Town Lines. The lines between cities or towns in this state shall be perambulated, and the marks and bounds renewed, once every 7 years, by the governing body of the cities or towns, or by the county commissioners in the case of unorganized towns, and by such persons as they appoint in writing for such purpose. At least one person from each town to be perambulated shall be appointed. A copy of the return of the perambulation shall be submitted under RSA 51:4 to the governing body of the city or town, or to the county in the case of unorganized towns. A copy of the return shall also be submitted to the department of state, division of archives and records managements, the department of transportation, the office of energy and planning, and NH GRANIT of the university of New Hampshire. Additional persons may be appointed from local youth organizations and local planning and conservation boards to perform the perambulations.
51:3 Additional Perambulation. If the governing body of a city or town, or the superior court of the county in which such city or town is located, finds it necessary for town lines to be perambulated or any marks and bounds to be renewed at times other than those specified under RSA 51:2, the governing body or court may give notice to the governing bodies of adjoining cities or towns and the procedure for such perambulation or renewing of bounds shall be the same as under RSA 51:2, and RSA 51:4 through RSA 51:7. If bounds are renewed because of damage or removal, the return shall be accompanied by a recorded plan from the appropriate county registry, made by a land surveyor licensed under RSA 310-A:67 at the time the survey for urban, rural, or forest land was made. Placement of the new bound shall be ratified in the manner provided in RSA 51:9.
51:4 Return.
I. A return of the perambulation, including the date of the perambulation; the names of the persons perambulating each line and bound; and the signatures of the governing body of the city or town or the persons making the perambulation, shall be made at each bound, specifically describing the following:
(a) The courses and distances and the marks and monuments of each line.
(b) Digital pictures of the bound.
(c) Global positioning system coordinates with equipment, datum, and precision identified.
(d) Description of the bound location and any identifiable tie points for the location.
II. Copies of the return shall be submitted as required under RSA 51:2 at the time of completion the perambulation.
51:5 Notice. The governing body of the city or town first incorporated, or if both were incorporated on the same day, the city or town which is highest in the proportion of public taxes, shall give to the governing body of the adjoining cities or towns notice of the time and place of meeting for such perambulation a minimum of 30 days before the day of meeting. Notice shall be posted in the cities and towns in 2 local newspapers at least 10 days before the day of the meeting. Individual owners, identified by tax records, of property that abuts or is bisected by the lines shall be notified in writing at least 10 days before the day of the meeting. After notice has been made, the governing body of the city or town and its agents or appointees may enter upon any lands in the state to perform its duties under this chapter.
51:6 Penalty for Neglect of Governing Body to Give Notice or Attend. If the governing body of a city or town or the county commissioners neglects to give notice under RSA 51:5, or neglects to attend agreeably to such notice, or if the governing body of a city or town neglects to cause a return of such perambulation to be made and recorded, each city or town so neglecting shall be subject to the following fines to be levied by the superior court upon petition of a city, town, county, or any owner of individual property abutting or bisected by a line. Any fines collected shall be distributed with ½ for the use of the town whose governing body has not neglected its duty, or in the case that both have neglected their duty, ½ for the use of individuals having petitioned and the other ½ for the use of the county. If the duties of the governing body of the city or town have been performed in every 7-year period, there shall be no fine. If the duties of the governing body of the city or town have not been performed by the 8th year period, the fine against the non-compliant city or town shall be $500 for each line and $5,000 for each year of non-compliance thereafter, but not to exceed $70,000 for each line between cities and towns.
51:7 Disagreement.
I. When the governing body of an adjoining city or town disagrees in renewing and establishing the lines and bounds of such towns within the 7-year period, the superior court for the county in which the city or town first incorporated or paying the highest tax is situate, upon petition by a city or town, county commissioners, or individuals abutting or bisected by a line and after notice to the other interested cities or towns, shall either examine said disputed lines or appoint a committee for that purpose. The court's decision thereon shall be final and the court may order either or both towns to pay the costs, as deemed just.
II. For a dispute as to the actual location of a city or town line arising in a matter on appeal before the board of tax and land appeals pursuant to RSA 76:16-a, the board of tax and land appeals shall have concurrent jurisdiction with the superior court and shall have the authority granted the superior court in paragraph I.
51:8 By County Commissioners. When the place next to any town has no organization and is on the line of adjoining counties, the county commissioners of the county in which the place is situated shall be empowered to act in the perambulation of the line between the county and town, and shall be notified and proceed in the same manner and subject to the same liabilities as the governing body of the city or towns.
2 Effective Date. This act shall take effect 60 days after its passage.