498-A:1 Intent of Chapter
498-A:2 Definitions
498-A:3 Jurisdiction
498-A:4 Preliminary Steps to Initiating Action
498-A:5 Condemnation; Passage of Title; Declaration of Taking
498-A:6 Security
498-A:7 Recording Notice of Condemnation
498-A:8 Notice to the Condemnee
498-A:9-a Preliminary Objections
498-A:9-b Determination of Preliminary Objections Based on Necessity, Public Use, and Net-Public Benefit
498-A:10 Right to Enter Property Prior to Condemnation
498-A:11 Possession; Entry and Payment of Compensation
498-A:12 Abandonment of Project
498-A:15 Clerk; Staff
498-A:16 Offices; Hearings
498-A:16-a Filing Fee
498-A:18 Powers of Board
498-A:19 View; Technical Rules Not Controlling; Burden of Proof
498-A:20 Record
498-A:21 Allocation of Board Expenses
498-A:22 State Agencies
498-A:23 Procedure Established; Guardian Ad Litem
498-A:24 Board Action
498-A:25 Method of Determination
498-A:26 Report of Board
498-A:26-a Awarding of Costs to Prevailing Party
498-A:26-b Attorney’s Fees
498-A:27 Appeal on Damages
498-A:28 Review
498-A:29 Repeals
498-A:30 Effective Date
498-A:31 Compensation of Guardian Ad Litem

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Terms Used In New Hampshire Revised Statutes > Chapter 498-A - Eminent Domain Procedure Act

  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Board: shall mean the board of tax and land appeals established under N. See New Hampshire Revised Statutes 498-A:2
  • Condemn: means to take public and private property by authority of law for a public use;
    II. See New Hampshire Revised Statutes 498-A:2
  • Condemnee: means the owner of record of property taken or to be taken, including tenants for life or years, remaindermen, reversioners, and holders of undischarged mortgages of record whose mortgages are dated not earlier than 20 years prior to the date of the filing of declaration of taking, municipalities with respect to unpaid taxes, fees and interest for which the municipality has been granted a lien or other interest in the property under the provisions of RSA 80, and guardians ad litem appointed pursuant to the provisions of this chapter. See New Hampshire Revised Statutes 498-A:2
  • Condemnor: means the entity, including the state of New Hampshire, taking property of another under authority of law for a public use;
    IV. See New Hampshire Revised Statutes 498-A:2
  • Court: means the superior court of the state of New Hampshire;
    V. See New Hampshire Revised Statutes 498-A:2
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
  • Grantor: The person who establishes a trust and places property into it.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • justice: when applied to a magistrate, shall mean a justice of a municipal court, or a justice of the peace having jurisdiction over the subject-matter. See New Hampshire Revised Statutes 21:12
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
  • petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
  • Property: shall include lands, tenements and hereditaments and all rights thereto and interests therein;
    VI. See New Hampshire Revised Statutes 498-A:2
  • Public use: means :
    (a) (1) The possession, occupation, and enjoyment of real property by the general public or governmental entities;
    (2) The acquisition of any interest in real property necessary to the function of a public or private utility or common carrier either through deed of sale or lease;
    (3) The acquisition of real property to remove structures beyond repair, public nuisances, structures unfit for human habitation or use, and abandoned property when such structures or property constitute a menace to health and safety; and
    (4) Private use that occupies an incidental area within a public use; provided, that no real property may be condemned solely for the purpose of facilitating such incidental private use. See New Hampshire Revised Statutes 498-A:2
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • registered mail: when used in connection with the requirement for notice by mail shall mean either registered mail or certified mail. See New Hampshire Revised Statutes 21:32-a
  • Service of process: The service of writs or summonses to the appropriate party.
  • state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
  • Statute: A law passed by a legislature.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.