New Hampshire Revised Statutes 498-A:9-b – Determination of Preliminary Objections Based on Necessity, Public Use, and Net-Public Benefit
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I. If a condemnee files a preliminary objection under N.H. Rev. Stat. § 498-A:9-a, I(c) concerning necessity, public use, or net-public benefit, the board shall transfer that preliminary objection to the superior court of the county in which the property is located. There shall be no filing fee for such transfer.
II. Upon receipt of the transfer from the board, the superior court shall require a response from the condemnor and may conduct an evidentiary hearing before it rules on the preliminary objection. Parties may appeal the superior court’s decision to the supreme court. Once the decision is final and nonappealable, the superior court shall send to the board a copy of its decision.
III. If the superior court denies the condemnee’s preliminary objection, the board shall then proceed under N.H. Rev. Stat. § 498-A:25 to determine the amount of just compensation.
IV. If the superior court grants the preliminary objection, the board shall determine the damages, if any, in accordance with N.H. Rev. Stat. § 498-A:9-a, V and then dismiss the declaration of taking and record such dismissal order in the registry of deeds.
II. Upon receipt of the transfer from the board, the superior court shall require a response from the condemnor and may conduct an evidentiary hearing before it rules on the preliminary objection. Parties may appeal the superior court’s decision to the supreme court. Once the decision is final and nonappealable, the superior court shall send to the board a copy of its decision.
Terms Used In New Hampshire Revised Statutes 498-A:9-b
- 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.
- Board: shall mean the board of tax and land appeals established under N. 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.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- 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
III. If the superior court denies the condemnee’s preliminary objection, the board shall then proceed under N.H. Rev. Stat. § 498-A:25 to determine the amount of just compensation.
IV. If the superior court grants the preliminary objection, the board shall determine the damages, if any, in accordance with N.H. Rev. Stat. § 498-A:9-a, V and then dismiss the declaration of taking and record such dismissal order in the registry of deeds.