New Hampshire Revised Statutes 498-A:1 – Intent of Chapter
Current as of: 2023 | Check for updates
|
Other versions
I. It is the intent by the enactment of this chapter to provide a complete and exclusive procedure to govern all condemnations of property for public uses including the review of necessity, public uses, and net-public benefit, and the assessment of damages therefor. It is not intended to enlarge or diminish the power of condemnation given by law to any condemnor and it is not intended to enlarge or diminish the rights given by law to any condemnee to challenge the necessity, public uses, and net-public benefit for any condemnation.
II. Notwithstanding any other provision of law to the contrary, no person‘s private real property shall be taken pursuant to this chapter unless that real property is to be put to public use, as defined in N.H. Rev. Stat. § 498-A:2, VII.
II. Notwithstanding any other provision of law to the contrary, no person‘s private real property shall be taken pursuant to this chapter unless that real property is to be put to public use, as defined in N.H. Rev. Stat. § 498-A:2, VII.
Terms Used In New Hampshire Revised Statutes 498-A:1
- 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 - Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- 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.