HB 1596-FN – AS INTRODUCED

2006 SESSION

06-2506

01/10

HOUSE BILL 1596-FN

AN ACT relative to eminent domain compensation.

SPONSORS: Rep. Kurk, Hills 7

COMMITTEE: Judiciary

ANALYSIS

This bill establishes a new standard for compensation in an eminent domain proceeding when a taking is by a governmental entity.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

06-2506

01/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT relative to eminent domain compensation.

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

1 New Paragraph; Eminent Domain; Definition Added. Amend RSA 498-A:2 by inserting after paragraph VI the following new paragraph:

VII. “Public use” means use by a public entity or a public utility, as defined by RSA 362:2, and regulated under title XXXIV.

2 New Section; Compensation for Taking by a Public Body. Amend RSA 498-A by inserting after section 25 the following new section:

498-A:25-a Compensation for Taking by a Public Body. Notwithstanding RSA 498-A:25 or any other provision of law to the contrary, if property is taken by eminent domain for public use, as defined in RSA 498-A:2, VII, compensation shall be fair market value as of the date of condemnation. If property is taken by eminent domain for any other use, including transfer to or operation by a non-public entity such as a for-profit or not-for-profit corporation, or if property is taken by eminent domain for public use and at some subsequent time put to any other use, compensation shall be the highest of the following:

(a) The fair market value of the property as of the date of condemnation;

(b) The assessed value of the property for local or other property tax purposes; or

(c) The proportionate share of the market value of the assemblage of parcels which are condemned.

3 Effective Date. This act shall take effect January 1, 2007.

LBAO

06-2506

11/28/05

HB 1596-FN - FISCAL NOTE

AN ACT relative to eminent domain compensation.

FISCAL IMPACT:

METHODOLOGY: