RSA 498-A:9-b · Determination of Preliminary Objections Based on Necessity, Public Use, and Net-Public Benefit

498-A:9-b Determination of Preliminary Objections Based on Necessity, Public Use, and Net-Public Benefit. –

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I.

If a condemnee files a preliminary objection under RSA 498-A:9-a, I(c) concerning necessity, public use, or net-public benefit, the board shall transfer that preliminary objection to the superior court of the county in which the property is located. There shall be no filing fee for such transfer.

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II.

Upon receipt of the transfer from the board, the superior court shall require a response from the condemnor and may conduct an evidentiary hearing before it rules on the preliminary objection. Parties may appeal the superior court's decision to the supreme court. Once the decision is final and nonappealable, the superior court shall send to the board a copy of its decision.

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III.

If the superior court denies the condemnee's preliminary objection, the board shall then proceed under RSA 498-A:25 to determine the amount of just compensation.

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IV.

If the superior court grants the preliminary objection, the board shall determine the damages, if any, in accordance with RSA 498-A:9-a, V and then dismiss the declaration of taking and record such dismissal order in the registry of deeds. Source. 1995, 194:4. 2006, 324:14, eff. Jan. 1, 2007.

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