New Hampshire Revised Statutes 482:64 – Municipality May Take Dam
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Terms Used In New Hampshire Revised Statutes 482:64
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Dam: means any artificial barrier, including appurtenant works, which impounds or diverts water and which has a height of 6 feet or more, or is located at the outlet of a great pond. See New Hampshire Revised Statutes 482:2
- Department: means the department of environmental services. See New Hampshire Revised Statutes 482:2
- real estate: shall include lands, tenements, and hereditaments, and all rights thereto and interests therein. See New Hampshire Revised Statutes 21:21
If the owner shall fail to comply with such request, a municipality in which all or a portion of such dam is located may take, by eminent domain proceedings before the department as provided in this subdivision, such dam and other real estate, franchises, easements, flowage and other property, wherever located, necessary or desirable in the opinion of the department to enable the municipality to construct, maintain, repair, own and operate the same. Eminent domain proceedings may not be taken by a municipality pending an appeal and final determination of such appeal.