New Hampshire Revised Statutes 482:67 – Petition for Taking
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Terms Used In New Hampshire Revised Statutes 482:67
- Dam: means any artificial barrier, including appurtenant works, which impounds or diverts water and which has a height of 6 feet or more, or is located at the outlet of a great pond. See New Hampshire Revised Statutes 482:2
- Department: means the department of environmental services. See New Hampshire Revised Statutes 482:2
- 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
- legislative body: shall mean a town meeting, school district meeting, village district meeting, city or town council, mayor and council, mayor and board of aldermen, or, when used to refer to unincorporated towns or unorganized places, or both, the county convention. See New Hampshire Revised Statutes 21:47
- 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
If, within 2 years from the finding by the department that a dam is in disrepair, a municipality in which a portion of such dam is located desires to take such property by eminent domain proceedings, the local legislative body may in writing so petition the department. Such petition shall contain a statement of the following information, if applicable: the amount of the municipality’s indebtedness and its last assessed valuation, information as to the municipality’s proposed payment method for said property, a certified copy of the vote of the town authorizing the taking of such property, a copy of the warrant calling the meeting at which such vote was passed, a statement of the number of legal voters, the number present and voting for and against the proposal, a description of the property sought to be acquired and its owners as appearing on the tax records of any municipality, and a list of such other persons believed by the local legislative body to own property that may be flowed or affected as a result of maintaining said dam pursuant to findings and orders of the department made under N.H. Rev. Stat. § 482:63.