HB1298 (2012) Detail

Relative to the definition of "public use" under the eminent domain procedure act.


HB 1298 – AS AMENDED BY THE HOUSE

15Feb2012… 0414h

2012 SESSION

12-2540

01/09

HOUSE BILL 1298

AN ACT relative to the definition of “public use” under the eminent domain procedure act.

SPONSORS: Rep. Ladd, Graf 5; Rep. Brosseau, Graf 6; Rep. Rappaport, Coos 1; Rep. Baldasaro, Rock 3; Sen. Forrester, Dist 2

COMMITTEE: Judiciary

ANALYSIS

This bill clarifies the definition of “public use” for purposes of eminent domain.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

15Feb2012… 0414h

12-2540

01/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT relative to the definition of “public use” under the eminent domain procedure act.

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

1 Eminent Domain Procedure Act: Definition of “Public Use.” Amend RSA 498-A:2, VII(b) to read as follows:

(b) Except as provided in subparagraphs (a)(2) and (4) of this paragraph, public use shall not include the public benefits resulting from private economic development and private commercial enterprise, including increased tax revenues and increased employment opportunities; nor shall “public use” include use by a for-profit, private, participant funded transmission line or facility or other uses not needed for system reliability.

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