New Hampshire Revised Statutes 231:141 – Acquisition of Trees
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Terms Used In New Hampshire Revised Statutes 231:141
- 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.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- 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
It shall be the duty of the tree warden to examine the trees growing within the limits of town public ways, village commons, parks, cemeteries, and other public grounds, and to designate from time to time such as may be reasonably necessary for the purpose of shade or ornamentation and to acquire them in the name of the municipality as hereinafter provided, if it can be done, either by gift or by purchase if at a fair price and funds either public or private are available. Failing in this, he or she may take said trees, including the right to maintain the same as shade trees, for the use of the town or city by appraising the fair value of the same and by causing to be served upon the owner thereof a notice of such taking, which notice shall state the number of each variety of tree so taken, the location of the same as near as practicable, and the value thereof as fixed by him or her, or by a committee selected for the purpose, and also by filing a copy of such notice as attested by him or her with the town clerk. If the owner shall be satisfied with the value stated in such notice, the tree warden shall cause the same to be paid to him or her forthwith. If the owner shall be dissatisfied, he or she may, within 30 days after said notice has been served upon him or her, but not afterwards, apply to the selectmen to assess his or her damages. Such proceedings shall thereupon be had, including the right of appeal, as are provided in the case of assessment of damages in laying out of highways by selectmen; and thereupon such damages, if any, may be awarded as shall be legally and justly due to the landowner.