Revision: Dec. 14, 2015, midnight
\t \t\tHB 1298 - AS INTRODUCED
2016 SESSION
\t16-2319
\t08/09
HOUSE BILL\t1298
AN ACT\trelative to damage to private property.
SPONSORS:\tRep. Chandler, Carr. 1; Rep. Sanders, Rock. 12; Rep. Theberge, Coos 3; Sen. Forrester, Dist 2; Sen. Bradley, Dist 3
COMMITTEE:\tResources, Recreation and Development
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ANALYSIS
\tThis bill creates a cause of action for a landowner whose land is damaged by pollution.
\tThis bill also creates a cause of action for a landowner whose land is damaged by OHRV use.
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Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2319
\t08/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to damage to private property.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 New Subdivision; Landowner's Right of Action. Amend RSA 149-M by inserting after section 60 the following new subdivision:
Landowner's Right of Action
\t149-M:61 Landowner's Right of Action.
\t\tI. Notwithstanding any rules adopted by the department of environmental services, any ordinance adopted by a municipality, or any provision of law, any person who intentionally or negligently discharges, spills, releases, pollutes, disposes, dumps, leaks, injects or places oil, gasoline, diesel fuel, fuel oil, motor oil, automotive oil, gasoline ethers, offensive matter, hazardous waste, waste, refuse or solid waste as those terms are defined in this chapter, upon the land of another or in such a manner that it ends up on the land of another, shall be liable to the owner of the land.
\t\tII. The owner of the land upon which such discharge is made, which shall include any person or entity holding a fractional interest, a mortgage interest, or other ownership interest therein, upon such discharge occurring, may:
\t\t\t(a) Commence an action for the cost of cleanup and such damages as may result from the discharge;
\t\t\t(b) Seek injunctive relief enjoining any future such discharge, if it happens that such future or continuing discharge is imminent or likely;
\t\t\t(c) Obtain a writ of mandamus or similar relief ordering the party causing the discharge to contain, clean up, and remediate the discharge at that party's expense;
\t\t\t(d) Obtain multiple damages against the party causing the discharge of up to 3 times actual damages, based upon the degree of negligence or intentional conduct, as determined by the trier of fact;
\t\t\t(e) Obtain reasonable attorneys' fees and professional fees associated with the containment, cleanup, and remediation, and the seeking and obtaining relief and damages;
\t\t\t(f) Obtain a bond from the person causing the discharge, or other assurances sufficient to cover the costs of containment, cleanup, and remediation, upon a showing by the owner that there is a reasonable likelihood of a judgment; and
\t\t\t(g) Obtain an attachment, prejudgment attachment, or trustee process in accordance with RSA 511, RSA 511-A and RSA 512.
\t2 Penalties and Owner/Operator Responsibilities; Roads Included. Amend RSA 215-A:19, I(a)(1) to read as follows:
\t\t\t\t(1) To the owner of any lands where trees, shrubs, roads, or other property have been damaged as a result of travel over their premises by such vehicles.
\t3 New Subparagraph; Penalties and Owner/Operator Responsibilities; Damage to Private Property. Amend RSA 215-A:19, V by inserting after subparagraph (e) the following new subparagraph:
\t\t\t(f) The use of the OHRV has resulted in damage to private property.
\t4 New Paragraph; Penalties and Owner/Operator Responsibilities. Amend RSA 215-A:19 by inserting after paragraph IX the following new paragraph:
\t\tX. In addition to any other penalty or obligation imposed, the owner of any lands which have been damaged in violation of this chapter may bring an action to recover such damages, in the superior court for the county in which the lands are located, against any person who is responsible and accountable under subparagraphs I(a)(1) and I(a)(2). In bringing such action, the owner shall be entitled to:
\t\t\t(a) The cost of clean-up and restoration to the prior condition of the lands.
\t\t\t(b) Multiple damages of up to 3 times actual damages, based upon the recklessness or severity of the conduct, as determined by the trier of fact.
\t\t\t(c) Reasonable attorney's fees necessary to the action.
\t5 Effective Date. This act shall take effect January 1, 2017.