Revision: Feb. 16, 2012, midnight
HB 1597 – AS AMENDED BY THE HOUSE
15Feb2012… 0411h
2012 SESSION
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
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.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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… 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.