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Terms Used In New Hampshire Revised Statutes 498-A:26-b

  • 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
  • Public use: means :
    (a) (1) The possession, occupation, and enjoyment of real property by the general public or governmental entities;
    (2) The acquisition of any interest in real property necessary to the function of a public or private utility or common carrier either through deed of sale or lease;
    (3) The acquisition of real property to remove structures beyond repair, public nuisances, structures unfit for human habitation or use, and abandoned property when such structures or property constitute a menace to health and safety; and
    (4) Private use that occupies an incidental area within a public use; provided, that no real property may be condemned solely for the purpose of facilitating such incidental private use. See New Hampshire Revised Statutes 498-A:2
If the condemnee is the prevailing party solely on the issue of public use, he or she shall be entitled to reasonable attorney’s fees.