HB1597 (2012) Detail

Relative to taking by eminent domain for certain purposes.


HB 1597 – AS AMENDED BY THE HOUSE

15Feb2012… 0411h

2012 SESSION

12-2500

01/09

HOUSE BILL 1597

AN ACT relative to taking by eminent domain for certain purposes.

SPONSORS: Rep. Rappaport, Coos 1; Rep. Kaen, Straf 7

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill grants an owner of real property which was subject to eminent domain whose valuation will be impacted if transmission lines are constructed because of eminent domain the right to be compensated by the owner of the transmission lines for the difference in value.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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… 0411h

12-2500

01/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT relative to taking by eminent domain for certain purposes.

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

1 Residential Owner Option. Amend RSA 371:5-a, I to read as follows:

I.(a) When private real property which is used for residential purposes is proposed to be acquired in part for the construction of an above ground substation or transmission line, the owners of the residential property shall have the option to:

(1) Require the utility to condemn and take in fee the entire tract of land impacted by the proposed partial taking including all buildings and improvements thereon [if]; or

(2) Require the utility to compensate the owners for the devaluation of the remaining part, including but not limited to the view and electronic interference, if any.

(b) All owners, excluding lien holders and mortgagees, of the private real property shall make such an election and provide the commission and the utility with written notice of their election within 30 days after receipt of the notice under RSA 371:4. If the utility acquires the entire tract of land with buildings and improvements thereon pursuant to this section or by agreement with the owners, the entire acquisition shall be deemed to be an acquisition for a public purpose and for use in the utility's business.

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

LBAO

12-2500

Amended 03/06/12

HB 1597 FISCAL NOTE

AN ACT relative to taking by eminent domain for certain purposes.

FISCAL IMPACT:

    The Public Utilities Commission states this bill, as amended by the House (Amendment #2012-0411h), may increase state, county and local expenditures by an indeterminable amount in FY 2012 and each year thereafter. There is no fiscal impact on state, county and local revenue.

METHODOLOGY:

The Public Utilities Commission states this bill requires a utility to compensate the owners for the devaluation of the remaining portion of a tract of residential property that was not acquired or condemned for the construction of an above ground substation or transmission line. To the extent such compensation costs are included in the cost of a utility plant, there may be an increase in the amount that would be recovered from customers. The Commission states this bill does not indicate how such compensation would be determined nor does the Commission know the amount of such compensation as it would depend on particular projects developed by utilities as well as whether any petition pursuant to RSA 371 were to be granted by the Commission. To the extent state, county or local governments are customers of a utility they may have an increase in expenditures as the utility recovers its costs associated with compensating property owners.