RSA 498-A:2 · Definitions

498-A:2 Definitions. – The following words, when used in this chapter, unless the context clearly indicates otherwise, shall have the meanings ascribed to them in this section:

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I.

"Condemn" means to take public and private property by authority of law for a public use;

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II.

"Condemnee" means the owner of record of property taken or to be taken, including tenants for life or years, remaindermen, reversioners, and holders of undischarged mortgages of record whose mortgages are dated not earlier than 20 years prior to the date of the filing of declaration of taking, municipalities with respect to unpaid taxes, fees and interest for which the municipality has been granted a lien or other interest in the property under the provisions of RSA 80, and guardians ad litem appointed pursuant to the provisions of this chapter. This definition does not include judgment creditors or other lien holders;

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III.

"Condemnor" means the entity, including the state of New Hampshire, taking property of another under authority of law for a public use;

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IV.

"Court" means the superior court of the state of New Hampshire;

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V.

"Property" shall include lands, tenements and hereditaments and all rights thereto and interests therein;

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VI.

"Board" shall mean the board of tax and land appeals established under RSA 71-B:1.

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VII.

"Public use" means:

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(a)

(1) The possession, occupation, and enjoyment of real property by the general public or governmental entities;

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(2)

The acquisition of any interest in real property necessary to the function of a public or private utility or common carrier either through deed of sale or lease;

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(3)

The acquisition of real property to remove structures beyond repair, public nuisances, structures unfit for human habitation or use, and abandoned property when such structures or property constitute a menace to health and safety; and

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(4)

Private use that occupies an incidental area within a public use; provided, that no real property may be condemned solely for the purpose of facilitating such incidental private use.

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(b)

Except as provided in subparagraphs (a)(2) and (4) of this paragraph, public use shall not include the public benefits resulting from private economic development and private commercial enterprise, including increased tax revenues and increased employment opportunities. Source. 1971, 526:1. 1977, 363:1, 2. 1982, 42:78. 1991, 241:1. 2006, 324:11, 24, eff. Jan. 1, 2007. Condemnation Procedure

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