New Hampshire Revised Statutes 482:69 – Hearing and Findings
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Terms Used In New Hampshire Revised Statutes 482:69
- 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
- Dam in disrepair: means a dam which is a menace to public safety and is incapable of safely impounding flood waters to its crest, or is incapable of maintaining a reasonably constant level of waters impounded, or is one which does not contain adequate gates and sluiceways to provide for the holding or controlled discharge of waters impounded. See New Hampshire Revised Statutes 482:2
- Department: means the department of environmental services. See New Hampshire Revised Statutes 482:2
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- real estate: shall include lands, tenements, and hereditaments, and all rights thereto and interests therein. See New Hampshire Revised Statutes 21:21
After said notice, a public hearing shall be held and the department shall find, upon evidence furnished by its employees or others at the hearing, what property and rights are reasonably required by the municipality for the acquisition of the dam, other real estate, franchises, easements and other property necessary or desirable to enable the municipality to construct, maintain, repair, own and operate the dam so it may not be or become a dam in disrepair, and if the department shall find that payment for said property and rights will not cause the debt of said municipality as authorized by law to be exceeded, it shall determine the compensation to be paid for said property and rights, and render judgment accordingly.