New Hampshire Revised Statutes 498-A:12 – Abandonment of Project
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I. If a condemnor has condemned a fee and thereafter abandons the purpose for which the property has been condemned, the condemnor may dispose of it by sale or otherwise; provided, however, that if the property has not been substantially improved, it may not be disposed of within 10 years of condemnation without first being offered to the condemnee, his heirs and assigns at the same price paid to the condemnee by the condemnor. The condemnee, his heirs and assigns shall be served with notice of the offer in the same manner as prescribed for the service of notices in N.H. Rev. Stat. § 498-A:4, and shall have 90 days after receipt of such notice to make the written acceptance thereof.
II. If a condemnor has acquired a fee and thereafter abandons the property, after the purpose is served for which the property was acquired, or abandons the property for any reason within 10 years of acquisition, the property may not be disposed of without first being offered to the landowner, his heirs and assigns at a price equal to the current appraised value of the property including any improvements made thereon. The landowner, his heirs and assigns shall be served notice pursuant to N.H. Rev. Stat. § 498-A:12, I. This provision shall not apply to those properties purchased as early or total acquisitions at the landowner’s request.
II. If a condemnor has acquired a fee and thereafter abandons the property, after the purpose is served for which the property was acquired, or abandons the property for any reason within 10 years of acquisition, the property may not be disposed of without first being offered to the landowner, his heirs and assigns at a price equal to the current appraised value of the property including any improvements made thereon. The landowner, his heirs and assigns shall be served notice pursuant to N.H. Rev. Stat. § 498-A:12, I. This provision shall not apply to those properties purchased as early or total acquisitions at the landowner’s request.
Terms Used In New Hampshire Revised Statutes 498-A:12
- 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 - Property: shall include lands, tenements and hereditaments and all rights thereto and interests therein;
VI. See New Hampshire Revised Statutes 498-A:2