Title LI, Courts

The officer to whom the writ is directed may attach property thereon as upon writs in civil actions, and such attachment shall constitute a lien upon the property attached to secure the performance of any decree or order that may be made in the suit.

The writ shall be filed in the clerk's office with the papers in the suit, and a memorandum of it shall be entered upon the docket.

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…

The court may hear and determine such cases according to the course of equity, and may grant writs of injunction whenever the same are necessary to prevent fraud or injustice.

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…

At any time after suit for negligence and an appearance on behalf of the defendant have been filed, the named defendant, or his or her insurance carrier if he or she is insured as to the claim, shall disclose only to the claimant or his or her counsel the policy limits of the pol…

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

If the decree or order requires the performance of any other thing than the payment of money, the court may make necessary orders and issue necessary process to secure or compel the performance of the decree or order by means of the property attached or held by trustee process.

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…

Any lien acquired by proceedings in equity may be released, discharged or modified by the court in such manner and upon such terms as justice may require. When any such lien is dissolved or released, by judgment or otherwise, the plaintiff or the plaintiff's attorney, upon reques…

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.

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.

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 …

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,…

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 …

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.

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.

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…

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.

All acts or portions of acts inconsistent herewith are hereby repealed.

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

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

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.

In all cases where by reason of a change of circumstances which has occurred, shall occur, or is reasonably foreseeable, subsequent to the creation, heretofore or hereafter, of a trust by any deed, will or other instrument, compliance by the trustee or trustees with the terms of …

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…

I. The superior court shall exercise jurisdiction pursuant to RSA 498:4-a through RSA 498:4-e only where the claims or defenses raised are related to a matter otherwise pending before or within the jurisdiction of the superior court. In all other cases involving the doctrine of c…

Whenever it shall be made to appear to the court that the intention of the testator or settlor of a charitable trust will be frustrated in whole or in part by reason of a tax imposed under the United States Internal Revenue Code on the income or principal of the trust, or by reas…

Whenever it shall appear to the court that any proposed cy pres application would not be proper because it is in violation of New Hampshire law, the court shall enter a decree denying said proposed cy pres application and stating the reason therefor.

For the purposes of this section and for the purposes of any petition for deviation under RSA 498:4 or under common law equity powers the following words shall have the meanings ascribed hereinbelow unless the context indicates otherwise: I. "Charitable trust" shall mean any fidu…

If the superior court, upon application by the trustee or trustees, finds that the continuance of a charitable trust is impracticable or unfeasible, and that the charitable purpose of the settlor or testator can be accomplished by a transfer of the trust assets to another charita…

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…

An action may be brought in the superior court by any person claiming title to, or any interest in, real or personal property, or both, against any person who may claim to own the same, either in fee, for years, for life or in reversion or remainder, or to have any interest in th…

In any action brought under the provisions of RSA 498:5-a, if the plaintiff therein alleges that there are or that he believes there are or that there may be persons who have or may have some estate or interest in such real or personal property, but such persons cannot be located…

Each defendant in an action brought under the provisions of RSA 498:5-a shall, in his answer, state whether or not he claims any estate or interest in, or encumbrance on, such property, or any part thereof, and, if so, the nature and extent of the estate, interest or encumbrance …

I. The court in any action brought under the provisions of RSA 498:5-a shall hear the several claims and determine the rights of the parties, whether derived from deeds, wills or other instruments or courses of title, and may determine the construction of the same, and may render…

I. A person claiming title to real property may bring an action in superior court to extinguish rights to minerals deeded at least 50 years before the filing of the action, by a predecessor in title, to any person who is unknown to the plaintiff or cannot be located, or if the pa…

Any legal right, public or private, infringed by a change in the water level of a natural lake or pond, or by the casting or dropping into a watercourse of sawdust or other waste of a saw or lumber mill or any other material, and the water rights of riparian proprietors on a stre…

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.

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…

When goods or chattels are unlawfully withheld from the owner, proceedings in equity may be had for a discovery, for a restoration of the property and for such other relief as justice may require.

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…

When an estate, property, interest, right, or credit, legal or equitable, of a debtor against whom execution has been issued and returned unsatisfied is alleged to be so held that it cannot be reached, or to have been conveyed by the debtor in fraud of his creditors, or to be hel…

The provisions of RSA 498:8 shall not apply to property exempt from attachment or to trust assets or a beneficiary's or settlor's interest in a trust to the extent protected by article 5 of RSA 564-B from the claim, attachment or reach of a creditor or assignee.

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 …

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…