371:1 Petition. – Whenever it is necessary, in order to meet the reasonable requirements of service to the public, that any public utility should construct a line, branch line, extension, pipeline, conduit, line of poles, towers, or wires across the land of another, or should acquire land, land for an electric substation, or flowage, […]
371:1-a Procedure. – Notwithstanding the procedures set forth in any other chapter, this chapter shall apply to all cases of eminent domain concerning public utility facilities. Source. 1971, 357:3.
371:1-b Acquisition Negotiations; Reference to Eminent Domain Prohibited. – No public utility, predecessor development entity, or agent of either, shall refer to the use of eminent domain in any landowner negotiations, unless the commission has first specifically authorized its use under this chapter with respect to the affected landowner. Any landowner may file a […]
371:10 Appeal on Damages. – Any party aggrieved by the order of the commission awarding damages in such case may, within 60 days after the entry of the order and not afterwards, file in the superior court of the county in which the land is located a petition to have the damages assessed by […]
371:11 Security. – 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. Source. 1929, […]
371:12 Costs. – 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. Source. 1929, 85:3. RL 294:12. 1951, 203:48 par. 12, eff. Sept. 1, 1951.
371:13 Reduction of Damages. – 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 […]
371:14 Fees. – 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 […]
371:15 By Pipeline Companies. – 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 and operate a natural gas […]
371:16 Forfeiture for Nonuse. – 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. Source. 1951, 203:48 par. 16, eff. Sept. […]
371:16-a Repealed by 2012, 220:3, II, eff. June 13, 2012. –
371:16-b Project Delay; Option to Purchase. – 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 […]
371:17 Licenses for New Poles. – 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 […]
371:17-a Repealed by 2022, 245:34, II, eff. Aug. 20, 2022. –
371:17-b Repealed by 2022, 245:34, III, eff. Aug. 20, 2022. –
371:18 Repealed by 2022, 245:34, IV, eff. Aug. 20, 2022. –
371:19 Notice of License Issuance and of Right to Appeal. – 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 […]
371:2 Contents; Recording. – 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 […]
371:2-a Right to Enter. – 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 […]
371:2-b Appraisal Required. – 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 the owner. The public utility shall reimburse […]
