HB1394 (2012) Detail

Relative to appeals of eminent domain decisions.


HB 1394 – AS AMENDED BY THE HOUSE

15Feb2012… 0412h

2012 SESSION

12-2586

01/09

HOUSE BILL 1394

AN ACT relative to appeals of eminent domain decisions.

SPONSORS: Rep. Rappaport, Coos 1; Rep. Brosseau, Graf 6; Rep. Remick, Coos 2; Rep. Itse, Rock 9; Rep. Tholl, Coos 2; Rep. Daugherty, Coos 1; Rep. Ladd, Graf 5; Sen. Forrester, Dist 2

COMMITTEE: Judiciary

ANALYSIS

This bill clarifies the right to appeal certain eminent domain issues.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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… 0412h

12-2586

01/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT relative to appeals of eminent domain decisions.

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

1 Eminent Domain; Contents; Recording. Amend RSA 371:2 to read as follows:

371:2 Contents; Recording. The petition of a public utility shall set out the title and the description of the land involved, the rights to be taken therein, and the public use for which the same are desired, and facts sufficient to show that the proposed taking comports with the protections provided to private property owners under the United States Constitution and the constitution of the state of New Hampshire. A certified copy of the petition and final decree thereon shall be recorded, if said petition shall be granted, in the registry of deeds in the county or counties in which the real estate affected thereby is located.

2 Procedure. Amend RSA 371:4 to read as follows:

371:4 Procedure. Any party challenging the necessity and constitutionality of the taking may, within 60 days after receipt of the petition, file in the superior court of the county in which the land is located a petition to have the necessity and constitutionality of the taking determined by the court. In all other cases, the commission shall, upon notice to all parties in interest, hear and determine the necessity for the right prayed for and the compensation to be paid for such right, and shall render judgment accordingly. In such proceedings the provisions relating to flowage rights contained in RSA 482 shall not apply, but when petitions to acquire flowage or drainage rights are filed the commission shall notify the department of environmental services.

3 Effective Date. This act shall take effect January 1, 2013.