498-A:1 Intent of Chapter. – 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 intended to enlarge […]
498-A:10 Right to Enter Property Prior to Condemnation. – 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; […]
498-A:11 Possession; Entry and Payment of Compensation. – 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 […]
498-A:12 Abandonment of Project. – 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 10 […]
498-A:13 Repealed by 1982, 42:83, eff. Dec. 31, 1982. –
498-A:14 Repealed by 1982, 42:83, eff. Dec. 31, 1982. –
498-A:15 Clerk; Staff. – 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 purposes, […]
498-A:16 Offices; Hearings. – 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. All hearings before the board shall be open to the public, and each hearing shall be held in the county in which […]
498-A:16-a Filing Fee. – 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. Source. 1981, 493:12. 1982, 42:79. 1989, 408:77, eff. Aug. 4, 1989.
498-A:17 Repealed by 1993, 141:2, eff. July 16, 1993. –
498-A:18 Powers of Board. – 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. Source. 1971, 526:1. 1982, 42:79, eff. Dec. 31, 1982.
498-A:19 View; Technical Rules Not Controlling; Burden of Proof. – 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 […]
498-A:2 Definitions. – 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 of record of […]
498-A:20 Record. – The board shall cause an accurate record of its hearings to be made. Source. 1971, 526:1. 1982, 42:79, eff. Dec. 31, 1982.
498-A:21 Allocation of Board Expenses. – 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 action, the board shall […]
498-A:22 State Agencies. – 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. Source. 1971, 526:1. 1982, 42:79, eff. […]
498-A:23 Procedure Established; Guardian Ad Litem. – 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. Source. 1971, 526:1. 1973, 256:10. 1981, 493:13. […]
498-A:24 Board Action. – 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 in the declaration […]
498-A:25 Method of Determination. – 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, the award […]
498-A:26 Report of Board. – 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 […]
