Bill Text - HB514 (2012)

Relative to entry on private land.


Revision: Jan. 5, 2012, midnight

HB 514 – AS INTRODUCED

2011 SESSION

11-0336

06/03

HOUSE BILL 514

AN ACT relative to entry on private land.

SPONSORS: Rep. Weyler, Rock 8; Sen. Barnes, Jr., Dist 17

COMMITTEE: Judiciary

ANALYSIS

This bill prohibits certain entry on private property for data gathering without a warrant or the written consent of the landowner.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11-0336

06/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT relative to entry on private land.

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

1 New Chapter; Entry on Private Property. Amend RSA by inserting after chapter 7-B the following new chapter:

CHAPTER 7-C

ENTRY ON PRIVATE PROPERTY

7-C:1 Entry on Private Property.

I. Absent a lawfully issued warrant, no person shall enter private property for data-gathering projects, including but not limited to biodiversity studies, endangered species or habitat surveys, sampling, or delineation, whether or not authorized by state or municipal agencies, boards, commissions, or any nongovernmental organization, without first giving written notice to the property owner and obtaining the prior written permission of such property owner.

II. No information gathered without permission shall be recorded, made public, or used for studies or grants.

III. Information gathered with permission may only be used for the purpose stated in the notification.

7-C:2 Notification Requirements. Notice to the landowner shall include:

I. The purpose of the data gathering.

II. The date and duration of the data gathering.

III. The land or environmental features that are being evaluated.

IV. The manner in which information or samples will be recorded and retained.

V. The method by which information or samples collected will be shared with government agencies, third parties, or the general public.

VI. A full disclosure of the potential restrictions that may be placed on such property, and on abutters, as a consequence of such information being recorded.

7-C:3 Exemption. The requirements of this chapter shall not apply to federal, state, or local law enforcement, the fish and game department, emergency services, real estate boundary surveys, emergency response to a public health threat, or animal control.

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