SB229 (2017) Compare Changes


The Bill Text indicates a new section is being inserted. This situation is not handled right now, and the new text is displayed in both the changed and unchanged versions.

Unchanged Version

Text to be removed highlighted in red.

1 Eminent Domain by Pipeline Companies; Updated Appraisals. Amend RSA 371:15, IV to read as follows:

IV. In trying any question of damages before said commissioners or by jury, the appraisal for taxation of such real estate, and, in cases where less than the whole interest in real estate is sought to be acquired, the appraisal for taxation of such whole interest, by the selectmen or tax assessors for the tax year in which such application shall have been filed, and for as many preceding years as the commissioners or the court may consider relevant, shall be competent as evidence of value. The owner of private real property used for residential purposes may select a licensed appraiser to expeditiously conduct an updated appraisal of the private real estate sought to be acquired, with the reasonable costs of such appraisal, as determined by the agreement of the parties, or by the commissioners or the court, to be borne by or reimbursed by the pipeline company. The pipeline company shall provide the owner or owners notice of this right to an appraisal with costs borne by the pipeline company. Any such appraisal submitted to the commissioners or the court shall be considered by the commissioners or the court. The damages as determined shall be awarded to the owner or apportioned among the several owners in accordance with their several interests as determined and judgment shall be entered accordingly.

2 New Paragraphs; Eminent Domain; Residential Owner Option; Relocation and Expenses. Amend RSA 371:15 by inserting after paragraph VI the following new paragraphs:

VII. When private real property which is used for residential purposes is proposed to be permanently acquired in part, for the construction of a high pressure gas pipeline or appurtenance thereto, the owners of the residential property shall have the option to require the pipeline company to condemn and take in fee the entire tract of land impacted by the proposed partial taking including all buildings and improvements thereon if all owners, excluding lienholders and mortgagees, of the private real property make such an election and provide the commission and the pipeline company with written notice of their election within 30 days after receipt of the notice under paragraph II. The option under this paragraph shall only apply if the residence is within 250 feet of the boundary of the proposed permanent partial taking. The owner or owners may seek a declaratory ruling concerning the applicability of this paragraph at any time prior to a fact finding hearing on damages.

VIII. In all cases where residential property is taken pursuant to the provisions of this section, a resident owner may also be awarded reasonable relocation, temporary housing, and legal expenses not to exceed 10 percent of the compensation ordered for the taking.

3 Site Evaluation Committee; High Pressure Gas Pipelines. Amend RSA 162-H:10-b, IV to read as follows:

IV. The committee shall consider intervention filing as an intervenor in Federal Energy Regulatory Commission proceedings involving the siting of high pressure gas pipelines in order to protect the interest of the state of New Hampshire.

4 Effective Date. This act shall take effect January 1, 2018.

Changed Version

Text to be added highlighted in green.

1 Eminent Domain by Pipeline Companies; Updated Appraisals. Amend RSA 371:15, IV to read as follows:

IV. In trying any question of damages before said commissioners or by jury, the appraisal for taxation of such real estate, and, in cases where less than the whole interest in real estate is sought to be acquired, the appraisal for taxation of such whole interest, by the selectmen or tax assessors for the tax year in which such application shall have been filed, and for as many preceding years as the commissioners or the court may consider relevant, shall be competent as evidence of value. The owner of private real property used for residential purposes may select a licensed appraiser to expeditiously conduct an updated appraisal of the private real estate sought to be acquired, with the reasonable costs of such appraisal, as determined by the agreement of the parties, or by the commissioners or the court, to be borne by or reimbursed by the pipeline company. The pipeline company shall provide the owner or owners notice of this right to an appraisal with costs borne by the pipeline company. Any such appraisal submitted to the commissioners or the court shall be considered by the commissioners or the court. The damages as determined shall be awarded to the owner or apportioned among the several owners in accordance with their several interests as determined and judgment shall be entered accordingly.

2 New Paragraphs; Eminent Domain; Residential Owner Option; Relocation and Expenses. Amend RSA 371:15 by inserting after paragraph VI the following new paragraphs:

VII. When private real property which is used for residential purposes is proposed to be permanently acquired in part, for the construction of a high pressure gas pipeline or appurtenance thereto, the owners of the residential property shall have the option to require the pipeline company to condemn and take in fee the entire tract of land impacted by the proposed partial taking including all buildings and improvements thereon if all owners, excluding lienholders and mortgagees, of the private real property make such an election and provide the commission and the pipeline company with written notice of their election within 30 days after receipt of the notice under paragraph II. The option under this paragraph shall only apply if the residence is within 250 feet of the boundary of the proposed permanent partial taking. The owner or owners may seek a declaratory ruling concerning the applicability of this paragraph at any time prior to a fact finding hearing on damages.

VIII. In all cases where residential property is taken pursuant to the provisions of this section, a resident owner may also be awarded reasonable relocation, temporary housing, and legal expenses not to exceed 10 percent of the compensation ordered for the taking.

3 Site Evaluation Committee; High Pressure Gas Pipelines. Amend RSA 162-H:10-b, IV to read as follows:

IV. The committee shall consider filing as an intervenor in Federal Energy Regulatory Commission proceedings involving the siting of high pressure gas pipelines in order to protect the interest of the state of New Hampshire.

4 Effective Date. This act shall take effect January 1, 2018.