New Hampshire Revised Statutes 498-A:9-a – Preliminary Objections
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I. Within 30 days after the return day, any condemnee may file a motion in the office of the board raising preliminary objections to the declaration of taking. The board upon cause shown may extend the time for filing preliminary objection. Preliminary objection shall be limited to and shall be the exclusive method of challenging:
(a) The sufficiency of the security;
(b) Any other procedure followed by the condemnor; or
(c) The necessity, public use, and net-public benefit of the taking.
II. Failure to raise any matters by preliminary objection shall constitute a waiver thereof.
III. Preliminary objection shall state specifically the grounds relied upon.
IV. All preliminary objections shall be raised at one time and in one pleading. They may be inconsistent.
V. The board shall determine promptly all preliminary objections and make such preliminary and final orders and decrees as justice shall require. If preliminary objections are finally sustained, which have the effect of finally terminating the condemnation, the condemnee shall be entitled to damages, including costs and expenses, to be determined by the board in the manner prescribed in N.H. Rev. Stat. § 498-A:24. The board may allow amendment or direct the filing of a more specific declaration of taking.
(a) The sufficiency of the security;
Terms Used In New Hampshire Revised Statutes 498-A:9-a
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- 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 - Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- justice: when applied to a magistrate, shall mean a justice of a municipal court, or a justice of the peace having jurisdiction over the subject-matter. See New Hampshire Revised Statutes 21:12
- 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 - state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
(b) Any other procedure followed by the condemnor; or
(c) The necessity, public use, and net-public benefit of the taking.
II. Failure to raise any matters by preliminary objection shall constitute a waiver thereof.
III. Preliminary objection shall state specifically the grounds relied upon.
IV. All preliminary objections shall be raised at one time and in one pleading. They may be inconsistent.
V. The board shall determine promptly all preliminary objections and make such preliminary and final orders and decrees as justice shall require. If preliminary objections are finally sustained, which have the effect of finally terminating the condemnation, the condemnee shall be entitled to damages, including costs and expenses, to be determined by the board in the manner prescribed in N.H. Rev. Stat. § 498-A:24. The board may allow amendment or direct the filing of a more specific declaration of taking.