HB544 (2015) Detail

Allowing the general court to deny a utility the use of the power of eminent domain.


HB 544 - AS INTRODUCED

2015 SESSION

15-0663

01/09

HOUSE BILL 544

AN ACT allowing the general court to deny a utility the use of the power of eminent domain.

SPONSORS: Rep. Rappaport, Coos 1; Rep. Kurk, Hills 2; Rep. Ford, Graf 3

COMMITTEE: Science, Technology and Energy

ANALYSIS

This bill requires public utilities to notify the governor and all state legislators of the proposed project and to wait until a full, regular legislative session has passed before acquiring rights in land by eminent domain.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

15-0663

01/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Fifteen

AN ACT allowing the general court to deny a utility the use of the power of eminent domain.

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

1 New Section; Providing the General Court the Opportunity to Deny a Public Utility the Use of Eminent Domain. Amend RSA 362 by inserting after section 2 the following new section:

362:2-a Providing the General Court the Opportunity to Deny a Public Utility the Use of Eminent Domain. A public utility shall not acquire land or the rights in land through eminent domain for a particular project until a full, regular session of the general court has passed after the public utility has notified the governor and all state legislators of the proposed project and the general court has not enacted a ban on the use of the power of eminent domain for that particular project. The notice required under this section shall include the names of the owners of property or rights to be acquired and any other information requested by the governor, the speaker of the house of representatives, or the president of the senate.

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