Revision: Dec. 14, 2011, midnight
HB 1298 – AS INTRODUCED
2012 SESSION
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
This bill clarifies the definition of “public use” for purposes of eminent domain.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
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; provided further that “public use” shall not include use by a for profit, private, participant funded transmission line or facility without prior approval of the general court.
2 Effective Date. This act shall take effect 60 days after its passage.