Revision: Dec. 14, 2011, midnight
HB 1394 – AS INTRODUCED
2012 SESSION
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
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
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 Eminent Domain; Appeal on Damages. Amend RSA 371:10 to read as follows:
371:10 Appeal on Damages. Any party aggrieved by the order of the commission awarding damages in such case may, within 60 days after the entry of the order and not afterwards, 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 reviewed by the court and the damages assessed by a jury, upon which petition notice shall be given, and the court shall review de novo the necessity and constitutionality of the taking and assess such damages by jury.
3 Effective Date. This act shall take effect January 1, 2013.