Bill Text: NH HB1109 | 2016 | Regular Session | Introduced

---

Bill Title: Relative to notice of offer for property in eminent domain cases and making the condemning entity liable for reasonable attorney's fees in certain cases.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-03-09 - Inexpedient to Legislate: Motion Adopted Voice Vote 03/09/2016 House Journal 23 P. 42 [HB1109 Detail]

Download: New_Hampshire-2016-HB1109-Introduced.html

---

HB 1109 - AS INTRODUCED

 

2016 SESSION

16-2083

01/10

 

HOUSE BILL 1109

 

AN ACT relative to notice of offer for property in eminent domain cases and making the condemning entity liable for reasonable attorney's fees in certain cases.

 

SPONSORS: Rep. B. Tilton, Ches. 12

 

COMMITTEE: Judiciary

 

-----------------------------------------------------------------

 

ANALYSIS

 

This bill declares if it is determined that a property was undervalued by 20 percent, the condemning authority would be liable to the property owner for his or her reasonable attorney's fees.

 

This bill also establishes a percentage of fair market value for the notice of offers of property proposed to be taken by eminent domain.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

16-2083

01/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Sixteen

 

AN ACT relative to notice of offer for property in eminent domain cases and making the condemning entity liable for reasonable attorney's fees in certain cases.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

'

1  New Subparagraph; Eminent Domain; Appraisals.  Amend RSA 498-A:4, II by inserting after subparagraph (f) the following new subparagraph:

(g)  In any case where it is determined that the property was undervalued by 20 percent, the condemning entity shall be liable for the property owner's reasonable attorney's fees.

2  New Subparagraph; Eminent Domain.  Amend RSA 498-A:4, III by inserting after subparagraph (d) the following new subparagraph:

(e)  An offer under this section shall be a minimum of 300 percent of the determined fair market value of the property.

3  Effective Date.  This act shall take effect 60 days after its passage.