RSA 498-A:9-a · Preliminary Objections

498-A:9-a Preliminary Objections. –

Copy link

I.

Within 30 days after the return day, any condemnee may file a motion in the office of the board raising preliminary objections to the declaration of taking. The board upon cause shown may extend the time for filing preliminary objection. Preliminary objection shall be limited to and shall be the exclusive method of challenging:

Copy link

(a)

The sufficiency of the security;

Copy link

(b)

Any other procedure followed by the condemnor; or

Copy link

(c)

The necessity, public use, and net-public benefit of the taking.

Copy link

II.

Failure to raise any matters by preliminary objection shall constitute a waiver thereof.

Copy link

III.

Preliminary objection shall state specifically the grounds relied upon.

Copy link

IV.

All preliminary objections shall be raised at one time and in one pleading. They may be inconsistent.

Copy link

V.

The board shall determine promptly all preliminary objections and make such preliminary and final orders and decrees as justice shall require. If preliminary objections are finally sustained, which have the effect of finally terminating the condemnation, the condemnee shall be entitled to damages, including costs and expenses, to be determined by the board in the manner prescribed in RSA 498-A:24. The board may allow amendment or direct the filing of a more specific declaration of taking. Source. 1981, 493:10. 1982, 42:79. 1995, 194:3. 2006, 324:13, eff. Jan. 1, 2007.

Copy link