HB1227: relative to land assessed for current use which is taken by eminent domain.

HB 1227 – AS AMENDED BY THE SENATE

05Feb2004… 0118h

04/08/04 0994s

2003 SESSION

03-2045

10/09

HOUSE BILL 1227

AN ACT relative to land assessed for current use which is taken by eminent domain.

SPONSORS: Rep. Babson, Carr 6

COMMITTEE: Environment and Agriculture

ANALYSIS

This bill provides that if a portion of current use land is taken by eminent domain, the remaining land may continue to be assessed under current use.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05Feb2004… 0118h

04/08/04 0994s

03-2045

10/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to land assessed for current use which is taken by eminent domain.

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

1 Current Use Taxation; Exceptions to Land Use Change Tax; Application of Taking by Eminent Domain. Amend RSA 79-A:7, VI(a) to read as follows:

(a) Land under current use is taken by eminent domain or any other type of governmental taking which would cause the use change penalty to be invoked because, by reason of an actual physical change or by reason of size, the site no longer conforms to criteria established by the board under RSA 79-A:4, I. Such remaining land, regardless of size, may continue in current use until a subsequent change in use of the remaining land occurs. No tax or penalty under this chapter shall be applied to a landowner or to a governmental entity when land is taken by eminent domain.

2 Effective Date. This act shall take effect upon its passage.