HB1140: relative to the disposal of surplus real estate.

HB 1140 - AS INTRODUCED

2003 SESSION

03-2178

06/10

HOUSE BILL 1140

AN ACT relative to the disposal of surplus real estate.

SPONSORS: Rep. Kennedy, Merr 34; Rep. Hamm, Merr 34

COMMITTEE: Public Works and Highways

ANALYSIS

This bill provides that surplus state-owned real estate shall be made available to a town, city, or county for municipal, county, or school purposes for the sum of $1. If the town, city, or county subsequently sells the land or uses it for any other purpose, it shall pay half of the proceeds or the fair market value of the land to the state.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-2178

06/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to the disposal of surplus real estate.

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

1 Disposal of Real Estate; Offer to Municipality.; Proceeds of Subsequent Sale. Amend RSA 4:40, I to read as follows:

I. Except as provided in RSA 4:39-a and RSA 204-D, upon recommendation of the head of any state department having jurisdiction over the same, or request of a town, city, or county, and with the approval of the council on resources and development, all requests for the disposal or leasing of state-owned properties shall be reviewed and approved by the long range capital planning and utilization committee prior to submission to the governor and council for approval. Upon determination that the property is no longer needed by the state, the governor and council shall first offer it to the town, city, or county in which the property is located for the sum of $1 if the property is to be used for non-profit municipal, county, or school purposes. If the town, city, or county refuses the offer, the governor and council may sell, convey, transfer, or lease the real property.

2 Disposal of Real Estate; Proceeds of Subsequent Sale or Change. Amend RSA 4:40, III to read as follows:

III. Except as provided in paragraph I, sales of real property under this section shall be at not less than a current market value of the subject property as may be determined by the governor and council. If the town, city, or county decides to resell the property, it shall first offer the property to the state at the market value at the time of sale. If the state refuses the offer, when the town, city, or county sells the property, it shall pay ½ of the sale price to the state. If the town, city, or county changes the use of the property to any other purpose, it shall pay ½ of the fair market value to the state, which shall discharge any further obligation to the state.

2 Effective Date. This act shall take effect 60 days after its passage.