New Hampshire Revised Statutes 498-A:11 – Possession; Entry and Payment of Compensation
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I. The condemnor, after the filing of the declaration of taking, shall be entitled to possession or right of entry upon deposit with the board of the amount of just compensation as estimated by the condemnor, and interest shall not accrue thereafter on such sum, but shall only accrue on the amount of final award or judgment in excess thereof. The clerk of the board shall pay over the sum deposited upon demand to the condemnee. Whenever the board is satisfied that any person, whether holding under the owner or not, is preventing or obstructing the condemnor from entering upon or taking possession of the property after the condemnor is entitled to do so, it may grant such rights as it may think necessary or may proceed for contempt.
II. If within 60 days from the filing of the declaration of taking the condemnor has not deposited just compensation as provided in paragraph I, the board, upon petition of the condemnee, may compel the condemnor to file a declaration of estimated just compensation or, if the condemnor fails or refuses to file such declaration, may, at the cost of the condemnor, appoint an impartial expert appraiser to estimate such just compensation. The board may, after hearing, order the deposit of the amount of the estimated just compensation.
III. A condemnee who withdraws the sum deposited under either paragraph I or paragraph II shall be deemed to have waived all objections and defenses to the action and to the taking of his property except for any claim to greater compensation.
IV. Any amount deposited or withdrawn under this section is not admissible in evidence and shall not be referred to in any proceeding for the determination of just compensation.
II. If within 60 days from the filing of the declaration of taking the condemnor has not deposited just compensation as provided in paragraph I, the board, upon petition of the condemnee, may compel the condemnor to file a declaration of estimated just compensation or, if the condemnor fails or refuses to file such declaration, may, at the cost of the condemnor, appoint an impartial expert appraiser to estimate such just compensation. The board may, after hearing, order the deposit of the amount of the estimated just compensation.
Terms Used In New Hampshire Revised Statutes 498-A:11
- Board: shall mean the board of tax and land appeals established under N. See New Hampshire Revised Statutes 498-A:2
- Condemnee: means the owner of record of property taken or to be taken, including tenants for life or years, remaindermen, reversioners, and holders of undischarged mortgages of record whose mortgages are dated not earlier than 20 years prior to the date of the filing of declaration of taking, municipalities with respect to unpaid taxes, fees and interest for which the municipality has been granted a lien or other interest in the property under the provisions of RSA 80, and guardians ad litem appointed pursuant to the provisions of this chapter. See New Hampshire Revised Statutes 498-A:2
- Condemnor: means the entity, including the state of New Hampshire, taking property of another under authority of law for a public use;
IV. See New Hampshire Revised Statutes 498-A: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.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
- Property: shall include lands, tenements and hereditaments and all rights thereto and interests therein;
VI. See New Hampshire Revised Statutes 498-A:2
III. A condemnee who withdraws the sum deposited under either paragraph I or paragraph II shall be deemed to have waived all objections and defenses to the action and to the taking of his property except for any claim to greater compensation.
IV. Any amount deposited or withdrawn under this section is not admissible in evidence and shall not be referred to in any proceeding for the determination of just compensation.