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New Hampshire Statutes, Title LI

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New Hampshire/Statutes

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Title LI, Courts

36 chapters · 358 sections in this title.

All chapters in Title LI358 Ch 49040 Ch 49134 Ch 502-A34 Ch 498-A32 Ch 49829 Ch 500-A21 Ch 490-F20 Ch 490-J16 Ch 49915 Ch 50315 Ch 504-A15 Ch 490-D10 Ch 490-C9 Ch 490-I7

32 sections·Filtered byTitle LI✕Ch 498-A✕

RSA 498-A:1 Intent of Chapter
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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 int…
RSA 498-A:10 Right to Enter Property Prior to Condemnation
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Prior to the time of filing the declaration of taking, the condemnor or its employees or agents shall have the right to enter upon any land or improvement which it has the power to condemn, in order to make studies, surveys, tests, soundings, and appraisals; provided, however, th…
RSA 498-A:11 Possession; Entry and Payment of Compensation
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I. The condemnor, after the filing of the declaration of taking, shall be entitled to possession or right of entry upon deposit with the board of the amount of just compensation as estimated by the condemnor, and interest shall not accrue thereafter on such sum, but shall only ac…
RSA 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…

RSA 498-A:15 Clerk; Staff

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The board shall have a clerk who shall be appointed by the board and who shall be a classified state employee. In the exercise of the authority and performance of the duties prescribed by law, the board shall have the authority, within the limits of the appropriation for such pur…

RSA 498-A:16 Offices; Hearings

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The board shall be provided with suitable office space in Concord, together with such furnishings and office equipment as shall be necessary for the administration of its business, and with a suitable room in which it may hold hearings. Any party may elect to participate in a jus…

RSA 498-A:16-a Filing Fee

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The condemnor shall pay a fee of $100 for each condemnation proceeding brought before the board. The filing fees collected under this chapter shall be deposited to the general fund.

RSA 498-A:18 Powers of Board

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The board and each of its members shall have the power to administer oaths and affirmations, to compel the attendance of witnesses and the production of books and documents, and to adjourn proceedings from time to time.

RSA 498-A:19 View; Technical Rules Not Controlling; Burden of Proof

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The board in any case may, and at the request of a party shall, take a view of the premises, the subject of a declaration of taking. In any hearing before the board, the board shall not be bound by the technical rules of evidence and may, in its discretion, admit all testimony ha…

RSA 498-A:2 Definitions

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The following words, when used in this chapter, unless the context clearly indicates otherwise, shall have the meanings ascribed to them in this section: I. "Condemn" means to take public and private property by authority of law for a public use; II. "Condemnee" means the owner o…

RSA 498-A:20 Record

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The board shall cause an accurate record of its hearings to be made.

RSA 498-A:21 Allocation of Board Expenses

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I. The board shall keep an accurate record of its cost of operation, including the salaries and expenses of the board and board personnel, and shall determine the portion thereof attributable to each condemnor having proceedings before the board. II. Subsequent to any board actio…

RSA 498-A:22 State Agencies

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With respect to any state agency, the expenses billed by the state treasurer to the agency may be a charge against the funds appropriated to the agency for the purchase of the parcel or parcels of land involved in the proceedings before the board.

RSA 498-A:23 Procedure Established; Guardian Ad Litem

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The board, on its own motion, may, or on petition of any party in interest shall, appoint a guardian ad litem to represent the interest of minors, persons under disability, unborn or unascertained parties or parties whose whereabouts are unknown.

RSA 498-A:24 Board Action

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Upon receipt of the filing of a declaration of taking, and after any preliminary objections under RSA 498-A:9-a have been concluded, the board shall forthwith fix a time for hearing the parties on the issue of just compensation, and shall give notice thereof to all persons named …

RSA 498-A:25 Method of Determination

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The board shall proceed to a determination of just compensation and shall hear evidence in that regard offered by the parties. The board shall first determine total compensation to be awarded on account of the taking and, if there is more than one person entitled to compensation,…

RSA 498-A:26 Report of Board

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I. Upon the conclusion of its deliberations, the board shall promptly file its report and send a copy thereof to each party or to their attorneys of record. II. The report shall include: (a) A statement of the case; (b) The nature of the property taken; (c) A schedule of special …

RSA 498-A:26-a Awarding of Costs to Prevailing Party

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If neither the condemnor nor the condemnee appeals from the award of the board as provided in RSA 498-A:27, the board shall award costs to the prevailing party.

RSA 498-A:26-b Attorney's Fees

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If the condemnee is the prevailing party solely on the issue of public use, he or she shall be entitled to reasonable attorney's fees.

RSA 498-A:27 Appeal on Damages

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Any party, condemnee or condemnor aggrieved by the amount of compensation awarded by the board may, within 20 days after the filing of the report of the board, and not afterwards (unless for good cause shown the superior court extends such time), file in the superior court a peti…

RSA 498-A:28 Review

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There shall be a right of review in every condemnation cause from the final judgment of the superior court to the supreme court in the manner provided for review of any other final judgment of the superior court.

RSA 498-A:29 Repeals

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All acts or portions of acts inconsistent herewith are hereby repealed.

RSA 498-A:3 Jurisdiction

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All condemnation proceedings other than by municipalities acting under RSA 38 or public utilities shall be brought in the office of the board.

RSA 498-A:30 Effective Date

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This chapter shall apply to all condemnation proceedings commenced on and after January 1, 1972.

RSA 498-A:31 Compensation of Guardian Ad Litem

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A guardian ad litem appointed pursuant to RSA 498-A:4, III(a) shall be an attorney at law who shall be entitled to reasonable fees for services rendered as guardian ad litem. Upon approval by the board, said fees shall be paid by the condemnor.

RSA 498-A:4 Preliminary Steps to Initiating Action

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I. Disclosure. At the initial contact with a property owner, the condemnor shall provide to the condemnee information regarding acquisition and relocation. Such information shall include a disclosure, conspicuously located, which states that the condemnor does not represent the r…

RSA 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 RSA 498-A:8. The d…

RSA 498-A:6 Security

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The board, upon motion of the condemnee, may require the condemnor to give such bond and security as the board deems proper; provided that such bond and security shall not be required when the state of New Hampshire is the condemnor.

RSA 498-A:7 Recording Notice of Condemnation

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I. The condemnor, upon filing its declaration of taking, shall, within 48 hours thereof, record a notice of such filing in the office of the registry of deeds of the county in which the property is located. If the property is located in 2 or more counties, the notice shall be rec…

RSA 498-A:8 Notice to the Condemnee

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I. The clerk of the board shall forthwith issue an order of notice to each of the condemnees in the same manner as in the case of a petition in equity with a return date not less than 14 days from the date of filing the declaration of taking. II. Such order of notice shall be ser…

RSA 498-A:9-a Preliminary Objections

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I. Within 30 days after the return day, any condemnee may file a motion in the office of the board raising preliminary objections to the declaration of taking. The board upon cause shown may extend the time for filing preliminary objection. Preliminary objection shall be limited …

RSA 498-A:9-b Determination of Preliminary Objections Based on Necessity, Public Use, and Net-Public Benefit

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I. If a condemnee files a preliminary objection under RSA 498-A:9-a, I(c) concerning necessity, public use, or net-public benefit, the board shall transfer that preliminary objection to the superior court of the county in which the property is located. There shall be no filing fe…