371:20 Rights of Appeal, Notice, and Order. – 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 filed, […]
371:21 Damages and Compensation. – 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 any structures, […]
371:22 Rulemaking Authority. – 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 same manner as under prior […]
371:23 Compensation to State. – 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 funds of […]
371:24 Easements for Utility Lines Crossing Railroad Property. – 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 the route […]
371:3 Highway Rights. – No such taking of flowage or drainage rights shall affect the right of a town in any highway or bridge. Source. 1919, 162:1. PL 244:2. RL 294:2. 1951, 203:48 par. 2, eff. Sept. 1, 1951.
371:4 Procedure. – 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 in RSA 482 shall not apply, but […]
371:4-a Evidence of Compensation to be Paid. – 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 […]
371:5 Notice by Publication. – 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 represent such owner […]
371:5-a Residential Owner Option. – 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 in fee […]
371:5-b Determination of Just Compensation. – The commission shall use the method of determination for just compensation as prescribed in RSA 371:4-a. Source. 1983, 247:5, eff. Aug. 17, 1983.
371:6 Owners Under Disability. – 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. Source. 1929, 85:1. RL 294:4. 1951, 203:48 par. 4, […]
371:7 Compensation of Guardian. – 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 land or […]
371:8 Repealed by 1985, 402:39, IV. –
371:9 Entry by Public Utility. – 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 guardian, […]
