New Hampshire Revised Statutes 498-A:5 – Condemnation; Passage of Title; Declaration of Taking
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I. Condemnation, under the power of condemnation given by law to a condemnor, which shall not be enlarged or diminished hereby, shall be effected only by the filing in the board of a declaration of taking, with sufficient copies for giving notice as required by N.H. Rev. Stat. § 498-A:8. The declaration shall be considered filed after receipt by the board and review by the board for compliance with paragraph II. If the board finds the declaration of taking is not compliant with paragraph II, the board may direct the filing of a more specific declaration of taking. After the giving of any bond and security as may be required under N.H. Rev. Stat. § 498-A:6, the title which the condemnor seeks in the property condemned shall pass to the condemnor on the date of such filing, and the condemnor shall be entitled to possession as provided in N.H. Rev. Stat. § 498-A:11. A declaration may include more than one parcel and multiple condemnees so long as the identity of the property taken of each condemnee and the nature of their interests are readily ascertainable.
II. The declaration of taking shall be in writing and executed by the condemnor, shall be captioned as a proceeding in rem and shall contain the following:
(a) The name and address of the condemnor;
(b) The name and address of each condemnee and the nature of each condemnee’s interest;
(c) A specific reference to the statute, chapter and section thereof, under which the condemnation is authorized;
(d) A specific reference to the action, whether by ordinance, resolution or otherwise, by which the declaration of taking was authorized, including the date when such action was taken, and the place where the record thereof may be examined;
(e) A brief description of the purpose of the condemnation, the need therefor, and the public use to which the real property will be put;
(f) A description and plan of the property taken sufficient for the identification thereof, specifying the town, city and county wherein the property taken is located; and
(g) A statement of the nature of the property being taken.
III. The declaration of taking may be amended by order of the board, upon agreement of the parties, or upon appropriate motion filed by the condemnor. Such amendments shall be permitted for the purpose of correcting errors and omissions which may exist in the declaration of taking, but shall not be permitted for the purpose of increasing or decreasing the physical extent of the taking or the nature of the property taken.
II. The declaration of taking shall be in writing and executed by the condemnor, shall be captioned as a proceeding in rem and shall contain the following:
Terms Used In New Hampshire Revised Statutes 498-A:5
- 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 - 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
- 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.
- Statute: A law passed by a legislature.
(a) The name and address of the condemnor;
(b) The name and address of each condemnee and the nature of each condemnee’s interest;
(c) A specific reference to the statute, chapter and section thereof, under which the condemnation is authorized;
(d) A specific reference to the action, whether by ordinance, resolution or otherwise, by which the declaration of taking was authorized, including the date when such action was taken, and the place where the record thereof may be examined;
(e) A brief description of the purpose of the condemnation, the need therefor, and the public use to which the real property will be put;
(f) A description and plan of the property taken sufficient for the identification thereof, specifying the town, city and county wherein the property taken is located; and
(g) A statement of the nature of the property being taken.
III. The declaration of taking may be amended by order of the board, upon agreement of the parties, or upon appropriate motion filed by the condemnor. Such amendments shall be permitted for the purpose of correcting errors and omissions which may exist in the declaration of taking, but shall not be permitted for the purpose of increasing or decreasing the physical extent of the taking or the nature of the property taken.