2003 SESSION

03-1051

06/09

SENATE BILL 129

COMMITTEE: Finance

ANALYSIS

This bill authorizes the board of tax and land appeals to use its staff appraisers to evaluate an eminent domain case and requires the board to make findings of fact as part of its report.

This bill was requested by the committee to study eminent domain preceedings, established in 2002, 68.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-1051

06/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

Be it Enacted by the Senate and House of Representatives in General Court convened:

63:1 Board of Tax and Land Appeals; Staff; Authority of Review Appraisers. Amend RSA 71-B:14 to read as follows:

71-B:14 Staff. The board shall have upon its staff 2 review appraisers who shall be classified state employees and who shall be competent to review the value of property for tax and eminent domain purposes. In addition, the board shall have such clerical and technical staff as may be necessary within the limits of appropriation made therefor.

63:2 Eminent Domain; Method of Determination; Use of Staff Appraisers. Amend RSA 498-A:25 to read as follows:

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 shall be apportioned among such persons, to each his proportionate share of the total compensation so found. The board may use its staff appraisers in evaluating a case before it.

63:3 Report of the Board; Findings of Fact Required. Amend RSA 498-A:26, II to read as follows:

II. The report shall include:

(a) A statement of the case;

(b) The nature of the property taken;

(c) A schedule of special benefits, if any, found;

(d) The value of the property before and after the taking, if different, and the amount of damages;

(e) A schedule of damages awarded and the portion thereof payable to each condemnee;

(f) [A response to any requests for] Findings of fact [or rulings of law that have been submitted by any interested parties; and];

(g) A response to any requests for rulings of law that have been submitted by any interested parties; and

(h) Such other matters as the board shall deem relevant.

63:4 Effective Date. This act shall take effect January 1, 2004.

(Approved: May 27, 2003)

(Effective Date: January 1, 2004)