Title XXXIV, Public Utilities

If an appeal is taken, the public utility shall also file in the office of the clerk of said court reasonable security to the satisfaction of the court for the payment of any further damages and of the costs which may be awarded to the owner upon the appeal.

If the result of an appeal is to change the award of damages in favor of the appellant, the appellant shall recover costs; otherwise he shall pay costs.

If the owner's damages are reduced upon appeal, the public utility shall have judgment and execution against him for the amount of such reduction and costs if he has taken the damages tendered to him; but, if he has not taken such damages, the public utility may retain the amount…

In such proceedings the commission shall charge and collect fees as follows: For the entry of each petition, $25; for the making of each order of notice for service upon the owners of each parcel of land described in said petition in which rights are sought to be taken, $1; and f…

Whenever any business entity organized under the laws of this state, another state, or the United States to construct and operate a natural gas pipeline holds a certificate of public convenience and necessity issued under the federal Natural Gas Act , authorizing it to construct …

All acquisitions of water rights acquired under this chapter, which, within 5 years from the date of acquisition, have not become a used and useful part of the utility's property, shall be forfeited to the state unless otherwise ordered by the commission.

If, after a period of 5 years, the project for which land or property rights were taken has not commenced, the utility shall offer the person from whom such land or rights were taken the first option to buy such land or rights at the current market value.

Whenever it is necessary, in order to meet the reasonable requirements of service to the public, that any public utility should construct a pipeline, cable, or conduit, or a line of poles or towers and wires and fixtures thereon, over, under or across any of the public waters of …

The department of energy shall publish notice of the license on its website and cause due notice of said issuance to be given to the attorney general as representative of the state, and to such owners of lands bordering the location of a state water crossing as the department of …

The petition of a public utility shall set out the title and the description of the land involved, the rights to be taken therein, and the public use for which the same are desired, and a certified copy of the petition and final decree thereon shall be recorded, if said petition …

When ownership of land, upon or over which a public utility desires to erect facilities, cannot be ascertained without entry to do survey work, or, a public utility shall have filed a petition under RSA 371:1 with respect to a particular tract of land, in either case a public uti…

A public utility shall have an impartial, qualified appraiser make at least one appraisal of any property proposed to be acquired by eminent domain. The owner shall have a reasonable opportunity to have the property appraised by an independent, qualified appraiser, selected by th…

Applicants and other persons directly affected by a decision of the department of energy to issue or deny a license may appeal a department decision to the public utilities commission within 30 days of the department's decision, and not thereafter. Whenever an appeal is timely fi…

Whenever an appeal is timely filed, the commission shall, upon request of an affected property owner, determine the compensation, if any, to be paid to the owner of land bordering the site of a public water crossing for any damages caused by the continuation and maintenance of an…

The department of energy is authorized to adopt rules to implement this chapter, and shall initiate a formal rulemaking process no later than December 31, 2023. Until the department adopts rules, applicants shall apply for a license by petitioning the department of energy in the …

Any compensation payable to the state on account of any such license shall be paid to the state treasurer and, if derived from licenses affecting state forests or forestry reservations, shall be added to the forest improvement fund; otherwise, it shall be a part of the general fu…

Upon approval of the commission, a public utility may construct transmission and distribution lines that traverse or parallel the tracks and property of a railroad and establish a permanent or temporary easement thereby. The public utility shall file a plan and layout delineating…

No such taking of flowage or drainage rights shall affect the right of a town in any highway or bridge.

The commission shall, upon notice to all parties in interest, hear and determine the necessity for the right prayed for and the compensation to be paid for such right, and shall render judgment accordingly. In such proceedings the provisions relating to flowage rights contained i…

In determining the compensation to be paid hereunder, all relevant and probative evidence on the question of the value of the land or rights to be taken shall be considered. If the proceeding involves a partial taking, the "before and after test" shall be considered. Without limi…

Upon evidence satisfactory to the commission that any owner or his residence is unknown or uncertain, the notice may be by publication; and if no appearance is entered for such owner, the commission shall, upon application by the public utility, appoint a guardian ad litem to rep…

I. When private real property which is used for residential purposes is proposed to be acquired in part for the construction of an above ground substation or transmission line, the owners of the residential property shall have the option to require the utility to condemn and take…

The commission shall use the method of determination for just compensation as prescribed in RSA 371:4-a.

If any owner is under any legal disability and not under guardianship in this state, the commission shall, upon application by the public utility, appoint a guardian ad litem to receive notice and otherwise represent the owner in the proceedings.

The commission shall determine and fix the amount due to any guardian appointed by it for services and disbursements in connection with any proceedings before the commission, and the portion thereof that justice requires shall be payable out of any award that may be made for any …

If the question of necessity shall be finally determined in the affirmative, the public utility may enter upon and use the land or rights adjudged necessary, upon the payment or tender of the compensation and damages awarded by the commission. If the owner is represented by a gua…