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RSA 482-A:10-a · Damages

Title
L: WATER MANAGEMENT AND PROTECTION
Chapter
482-A · FILL AND DREDGE IN WETLANDS
Status
current
Official source linked
Yes
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482-A:10-a Damages. –

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I.

If, upon appeal of the landowner, the superior court determines that the decision appealed from so exceeds the bounds of the police power as to constitute the equivalent of taking without compensation and that the land as so regulated meets the public purpose standards of this chapter, and if such ruling is affirmed on appeal or becomes the law of the trial by failure of the state to appeal, the superior court shall then proceed to the assessment of the landowner's damages. Unless the department, at this stage, consents to the reversal or modification of its decision by the superior court, that court shall first determine all questions of land title, after notice to all persons interested in the land, including notice by publication to any unknown owners, and then shall assess the damages of the landowner or landowners proceeding as provided in RSA 482:35-38, inclusive, and RSA 498-A:27, and may enter judgment against the state accordingly. The interest acquired by the state by virtue of such proceedings shall be a perpetual negative easement that the privately-owned land or interest in the land described in the proceedings shall not thereafter be excavated, removed, filled, dredged, canalized or ditched, subject to any such reasonable reservations to the landowner as the department may have stipulated to prior to the assessment of damages. The state may, in the alternative, purchase the land or interest in the land in fee simple or other acceptable title, or subject to acceptable reservations and exceptions, by agreement with the landowner. To satisfy any judgment or purchase agreement under this section, the governor and council, in their discretion, may draw their warrant on the marine fisheries fund, the fish and game fund, any other available appropriation for such purpose, or on any money in the treasury not otherwise appropriated, or any combination of such funds, as they may determine to be just and reasonable, or, in the alternative, they may certify a judgment to the next session of the general court for the passage of an appropriation of money sufficient to satisfy the same. The department may, in the name of the state, accept gifts of land or interests in land for the purposes of this chapter.

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II.

The use of the marine fisheries fund or the fish and game fund under paragraph I shall require a finding that the expenditure will be of substantial benefit to marine fisheries or to fish and wildlife, as the case may be, and the governor and council shall request the prior opinion of the fish and game commission in each such case. Source. 1996, 296:46, eff. Aug. 9, 1996.

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Source note

Source. 1996, 296:46, eff. Aug. 9, 1996.

Source history

  • 1996, 296:46, eff. Aug. 9, 1996

Related materials

Bill relationships

  • 2026 HB1141 reference

    d the purposes of this chapter. Nothing contained in this paragraph shall be construed to modify or limit the duties and authority conferred upon the department under RSA 482 and RSA 482-A. II.(a) The department shall charge a fee for applications, including project inspections, required under this section. For projects that qualify for a permit by notification allowed by paragraph II-a, the applicat

  • 2026 HB1141-FN reference

    d the purposes of this chapter. Nothing contained in this paragraph shall be construed to modify or limit the duties and authority conferred upon the department under RSA 482 and RSA 482-A. II.(a) The department shall charge a fee for applications, including project inspections, required under this section. For projects that qualify for a permit by notification allowed by paragraph II-a, the applicat

  • 2026 HB1530 reference

    gent shall be responsible for maintaining the flow device. Complete or partial dam removal or the installation or removal of a flow device shall be allowed without a permit under RSA 482-A if machinery does not enter the water and filling or dredging in or adjacent to surface water, wetlands, or their banks does not occur and shall be done in a gradual manner that does not allow a sudden release of impoun

  • 2026 HB1530-FN reference

    gent shall be responsible for maintaining the flow device. Complete or partial dam removal or the installation or removal of a flow device shall be allowed without a permit under RSA 482-A if machinery does not enter the water and filling or dredging in or adjacent to surface water, wetlands, or their banks does not occur and shall be done in a gradual manner that does not allow a sudden release of impoun

  • 2026 HB1752 reference · effective 2027-01-01

    r harvesting or associated road or gravel pit construction in wetlands, shoreland protection zones, or other environmentally sensitive areas shall require additional permits under RSA 482-A and RSA 483-B. II. The division of forests and lands shall coordinate with the department of environmental services to ensure compliance. 227-J:21 In-Stream Wood Placement. I. Projects to place wood in streams for ha

  • 2026 HB1752-FN reference · effective 2027-01-01

    r harvesting or associated road or gravel pit construction in wetlands, shoreland protection zones, or other environmentally sensitive areas shall require additional permits under RSA 482-A and RSA 483-B. II. The division of forests and lands shall coordinate with the department of environmental services to ensure compliance. 227-J:21 In-Stream Wood Placement. I. Projects to place wood in streams for ha

  • 2026 SB527 reference

    of the application for issuance of a permit, certificate, or license within the designated river or corridor under RSA 485-C, RSA 485-A, RSA 483-B, RSA 12-E, RSA 270:12, RSA 482, RSA 482-A is provided, except notifications for minimum impact activities under RSA 482-A:3, V and XII and for routine roadway maintenance under RSA 482-A:3, XVI on land used for agricultural purposes, RSA 149-M, RSA 430, or RSA

  • 2026 SB564 reference · effective 2027-07-01

    ge, rendering duplicative or more restrictive municipal caps on road length unnecessary and duplicative. IV. Environmental protections for wetlands and protected shoreland under RSA 482-A and RSA 483-B remain vital and are not altered by this act. Allowing utilities in other open space or buffer areas promotes compact development and reduces sprawl, preserving larger tracts of conservation land. V. Th

  • 2025 HB2 add

    opt rules to establish a permit by notification for projects with plans encompassing an area less than 150,000 square feet that are not subject to RSA 483-B:9. 141:14 New Section; Boathouse Requirements. Amend RSA 482-A by inserting after section 26 the following new section: 482-A:26-a Boathouse Requirements. I. Any boathouse constructed after July 1, 2025, and located over public waters shall not exceed a structural height

  • 2025 HB202 amend

    e state. A description of the reductions, waivers, and activities under this section shall be included in the biennial report of the department under RSA 206:9-a. 35 Fill and Dredge in Wetlands; Damages. Amend RSA 482-A:10-a, II to read as follows: II. The use of the marine fisheries fund or the fish and game fund under paragraph I shall require a finding that the expenditure will be of substantial benefit to marine fisheries or t