Revision: Dec. 14, 2015, midnight
\t \t\tHB 1555-FN - AS INTRODUCED
2016 SESSION
\t16-2547
\t01/10
HOUSE BILL\t1555-FN
AN ACT\trelative to the manner in which New Hampshire takes possession of land.
SPONSORS:\tRep. McConnell, Ches. 12; Rep. B. Tilton, Ches. 12; Rep. Adams, Hills. 26; Rep. Coffey, Hills. 25; Rep. C. Roberts, Hills. 4; Rep. Notter, Hills. 21; Rep. Flanagan, Hills. 26
COMMITTEE:\tJudiciary
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ANALYSIS
\tThis bill allows the condemnee to refuse an offer from the condemnor under eminent domain law. Under this bill, the condemnor may make a new offer 180 days after the intial offer.
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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\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2547
\t01/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to the manner in which New Hampshire takes possession of land.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 Eminent Domain; Notice of Offer. Amend RSA 498-A:4, III(b)(5) to read as follows:
\t\t\t\t(5) [That an action to condemn the property in the manner provided by this chapter will be commenced if the offer is not accepted within 30 days after service of the notice.] Just compensation for the taking shall be based on the value of the property as of the date of taking or at the sole election of all condemnees, compensation may be based upon the property's value based upon the date the governmental entity, with the statutory authority to condemn, votes to acquire the comdemnee's property. Any such election shall occur not later than 30 days from the return date of the RSA 498-A:8, I order of notice by written notice to the board of tax and land appeals and the condemnor.
\t2 Eminent Domain; Service of Notice. RSA 498-A:4, IV(c) is repealed and reenacted to read as follows:
\t\t\t(c) If the offer is not accepted by the condemnee within the 30-day period after the service of the notice, the condemnor may make a new offer 180 days after the initial notice.
\t3 Effective Date. This act shall take effect 60 days after its passage.
\t\t\t\t\t\t\t\t\t\t\t16-2547
\t\t\t\t\t\t\t\t\t\t\t11/25/15
HB 1555-FN- FISCAL NOTE
AN ACT\trelative to the manner in which New Hampshire takes possession of land.
FISCAL IMPACT:
The Department of Administrative Services, Judicial Branch, and Board of Tax and Land Appeals state this bill, as introduced, will have an indeterminable fiscal impact on state expenditures, may increase county and local expenditures and state revenue by indeterminable amounts in FY 2016 and each year thereafter. There will be no fiscal impact on county and local revenue.
METHODOLOGY:
The Department of Administrative Services states this bill allows a condemnee to refuse an offer from a condemnor or just compensation for private property to be taken for a public purpose under eminent domain statutes. This bill provides that a condemnor may make a new offer 180 days after the initial offer. The proposed bill could increase property acquisition costs for state, county, or local governments by extending the current acquisition process by a minimum of several months. Additionally, this bill could result in increased secondary offers. Alternatively this bill could decrease the number of eminent domain proceedings brought before the Board of Tax and Land Appeals.
The Judicial Branch states this bill could result in fewer eminent domain appeals brought forward to the superior court. There is no method to determine how many fewer appeals would not be brought as a result of this bill to determine the fiscal impact on expenditures. The table below provides the potential cost associated with appeals:
| FY 2017 | FY 2018 |
Judicial Branch* |
|
|
Complex Equity Cases | $717 | $740 |
*It should be noted average case cost estimates for FY 2017 and FY 2018 are based on data that is more than ten years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types. | ||
The Board of Tax and Land Appeals states that to the extent appeals are filed with the Board state revenue and expenditures will increase. The Board cannot estimate the cost to process each appeal. The filing fee for each appeal is $100.
The Department of Justice states this bill will have no fiscal impact on its operations.