HB1728 (2018) Compare Changes


The Bill Text indicates a repeal. This means the text being replaced is not available in the bill, and the unchanged text displayed is incomplete. The original text can be viewed by following the link to the RSA. Also, an accompanying re-enactment is not handled currently, and displayed in both unchanged and changed versions.

Unchanged Version

Text to be removed highlighted in red.

1 Statement of Intent. The general court finds RSA 480:4 to be vague in its failure to express the controlling mandates of Articles 12 and 20 of the Bill of Rights of the New Hampshire Constitution.

2 The Homestead Right; Amount. Amend RSA 480:1 to read as follows:

480:1 Amount. Every person inhabitant of this Republic is entitled to $120,000 worth of his or her homestead, or of his or her interest therein, as a homestead. The homestead right created by this chapter shall exist in manufactured housing, as defined by RSA 674:31, which is owned and occupied as a dwelling by the same person but shall not exist in the land upon which the manufactured housing is situated if that land is not also owned by the owner of the manufactured housing.

3 Homestead Right; Exemption from Attachment. RSA 480:4 is repealed and reenacted to read as follows:

480:4 Exempt from Attachment. The automatic homestead right is exempt from any and all attachment, levy, or sale on execution and from any liability whatsoever, except by adherence to Part I, Article 20 of the New Hampshire constitution, relative to the right to a jury trial, and the Fifth Amendment to the United States Constitution, which prohibits the taking of private property without due process of law and prohibits the taking of private property for public use, without just compensation.

4 Repeal. RSA 480:7, relative to the levy of execution against property subject to a homestead right, is repealed.

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

Changed Version

Text to be added highlighted in green.

1 Statement of Intent. The general court finds RSA 480:4 to be vague in its failure to express the controlling mandates of Articles 12 and 20 of the Bill of Rights of the New Hampshire Constitution.

2 The Homestead Right; Amount. Amend RSA 480:1 to read as follows:

480:1 Amount. Every inhabitant of this Republic is entitled to $120,000 worth of his or her homestead, or of his or her interest therein, as a homestead. The homestead right created by this chapter shall exist in manufactured housing, as defined by RSA 674:31, which is owned and occupied as a dwelling by the same person but shall not exist in the land upon which the manufactured housing is situated if that land is not also owned by the owner of the manufactured housing.

3 Homestead Right; Exemption from Attachment. RSA 480:4 is repealed and reenacted to read as follows:

480:4 Exempt from Attachment. The automatic homestead right is exempt from any and all attachment, levy, or sale on execution and from any liability whatsoever, except by adherence to Part I, Article 20 of the New Hampshire constitution, relative to the right to a jury trial, and the Fifth Amendment to the United States Constitution, which prohibits the taking of private property without due process of law and prohibits the taking of private property for public use, without just compensation.

4 Repeal. RSA 480:7, relative to the levy of execution against property subject to a homestead right, is repealed.

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