RSA 432:29 · Land for Public Use; Eminent Domain, Easements By Public Utilities

432:29 Land for Public Use; Eminent Domain, Easements By Public Utilities. –

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I.

Any powers granted by general or special law to acquire land for public uses by purchase, gift or eminent domain shall not be diminished; provided that alternative land areas are considered.

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II.

Public utility companies may obtain easements by eminent domain on sites designated agricultural preservation restriction areas for the purpose of utility services; provided, however, the utility (1) gives thorough consideration to alternative areas before such land can be taken; (2) guarantees the minimum practicable interference with agricultural operations with respect to width of easement, pole location and other pertinent matters; (3) obtains all necessary licenses, permits, approvals and other authorizations from the appropriate government agencies; and (4) compensates the landowner in the same manner and at the same fair market value as if the land were not designated as an agricultural preservation site.

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III.

The committee shall be consulted prior to the taking of any property pursuant to this section. If the committee determines there was a taking contrary to the provisions of this section, it shall have the right of appeal to the superior court on behalf of the landowner. Source. 1985, 72:1, eff. July 1, 1985.

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