SB 0161

CHAPTER 211

SB 161 - FINAL VERSION

AN ACT relative to procedures in eminent domain proceedings.

SPONSORS: Sen. Flanders, Dist 7; Sen. Gatsas, Dist 16; Sen. Below, Dist 5; Sen. Morse, Dist 22; Rep. C. Bouchard, Merr 39; Rep. M. Harrington, Straf 68; Rep. J. Pratt, Ches 24; Rep. Wendelboe, Belk 29

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT relative to procedures in eminent domain proceedings.

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

211:1 Preliminary Steps to Initiating Action. RSA 498-A:4 is repealed and reenacted to read as follows:

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 rights of the condemnee and that the condemnee may want to obtain independent advice or unbiased counsel.

(a) The condemnor shall have an impartial, qualified appraiser make at least one appraisal of all property proposed to be acquired. The appraiser shall make reasonable efforts to confer with the condemnees or their personal representatives.

(b) Condemnees who are the subject of a property acquisition shall have a reasonable opportunity to have their property appraised by an independent, qualified appraiser, employed by the condemnees. The condemnor shall reimburse the usual and customary cost of the appraisal up to $1,000 for each property.

(c) Before making the offer provided for in paragraph III, the condemnor shall make reasonable efforts to negotiate with the condemnees or their personal representatives for the purchase of the property, but failure to confer or negotiate shall not be a defense to condemnation of a property. Any sum of money or other consideration discussed by either the condemnor or the condemnee during any such negotiations shall not be admissible in evidence and shall not be referred to in any proceedings for the determination of just compensation.

(d) Within 10 days of receipt of a notice of offer provided for in paragraph III of this section a municipal condemnee shall, at the request of the condemnor, furnish the condemnor with the estimated amount of unpaid taxes, fees and interest for which notice has not been recorded at the registry of deeds for the county in which the property is located. Failure to timely provide such estimate shall not affect any right of a municipal condemnee under this chapter.

(e) The condemnor shall review any independent appraisals prepared under this paragraph for accuracy before formulating a notice of offer.

(f) The condemnor shall provide a copy of the appraisal, and if requested, any official appraisal review notes upon which the negotiations are based, to the condemnee at the time of negotiation or at least 45 days prior to making the notice of offer, whichever comes first.

(a) The condemnor shall make its notice of offer within a reasonable time after the governmental entity, with the statutory authority to condemn, votes to acquire a property.

(b) No property shall be taken unless the condemnor shall serve upon the condemnee a written notice of offer to purchase, which shall set forth:

(2) A description of the property to be taken sufficient for the identification thereof, including sources of title, if ascertainable.

(3) The amount of compensation offered and whether the offer is based on the appraisal required by RSA 498-A:4, II(a), or on some other basis.

(5) That an action to condemn the property in the manner provided by this chapter will be commenced if the offer is not accepted within 30 days after service of the notice. Just compensation for the taking shall be based on the value of the property as of the date of taking or at the sole election of all condemnees, compensation may be based upon the property's value based upon the date the governmental entity, with the statutory authority to condemn, votes to acquire the condemnee's property. Any such election shall occur not later than 30 days from the date of taking by written notice to the board of tax and land appeals and the condemnor.

(c) The offer shall remain outstanding and may be accepted by the condemnee until such time as either the condemnor or the condemnee files a petition in the superior court to have the damages reassessed under RSA 498-A:27.

(d) The condemnor shall make public a complete list of such offers showing the name of each condemnee and the amount of the offer in each case, including the value of the property before and after the taking, if different, and the amount of damages.

(a) The giving of the notice of offer is a jurisdictional prerequisite to instituting condemnation proceedings. The notice may be served by certified mail and service shall be complete on the date of mailing. If the condemnee is a minor, an incompetent person, unknown, or is one whose whereabouts are unknown, the condemnor shall serve such notice upon the legal guardian of the condemnee. If there is no such guardian, the condemnor shall petition the board and request that a guardian ad litem be appointed to represent such condemnee. If the condemnee is unknown or one whose whereabouts are unknown, such notice shall also be published once in a newspaper of general circulation in the county where the property is located.

(b) If the offer is accepted, the transfer of title shall be accomplished within 30 days after acceptance, including payment of the considerations set forth in the offer or as agreed upon between the parties, unless such time is extended by mutual written consent by the condemnor and condemnee. In the event the condemnee fails to convey the property within the specified time, the condemnor may commence condemnation proceedings.

(c) If the offer is not accepted within 30 days after the service of the notice, the condemnor shall commence condemnation proceedings within 90 days after the expiration of such 30-day period.

211:2 Abandonment of Project; First Offer to Original Landowner. Amend RSA 498-A:12, II to read as follows:

II. If a condemnor has [~~condemned~~] acquired a fee and thereafter abandons the property, after the purpose is served for which the property was [~~condemned~~] acquired, or abandons the property for any reason within 10 years of [~~condemnation~~] acquisition, the property may not be disposed of without first being offered to the [~~condemnee~~] landowner, his heirs and assigns at a price equal to the current appraised value of the property including any improvements made thereon. The [~~condemnee~~] landowner, his heirs and assigns shall be served notice pursuant to RSA 498-A:12, I. This provision shall not apply to those properties purchased as early or total acquisitions at the landowner's request.