30Mar2005… 0510h

2005 SESSION

05-0710

09/01

HOUSE BILL 429

COMMITTEE: Municipal and County Government

AMENDED ANALYSIS

This bill permits nonattorneys to represent taxpayers in utility property tax appeals before the board of tax and land appeals.

The bill also clarifies requirements for certain condemnation proceedings conducted by the board of tax and land appeals.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

30Mar2005… 0510h

05-0710

09/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

Be it Enacted by the Senate and House of Representatives in General Court convened:

171:1 Board of Tax and Land Appeals; Representation by Nonattorneys. Amend RSA 71-B:7-a to read as follows:

71-B:7-a Representation by Nonattorneys. Nonattorneys may commonly represent taxpayers in RSA 76:16 [and], RSA 76:16-a, and RSA 83-F appeals before municipalities and the board. Nothing in this section shall prevent the board from denying representation by any individual it deems to be improper, inappropriate, or unable to adequately represent the interests of the taxpayer.

171:2 Condemnation; Passage of Title; Declaration of Taking. Amend RSA 498-A:5, I-II to read as follows:

I. Condemnation, under the power of condemnation given by law to a condemnor, which shall not be enlarged or diminished hereby, shall be effected only by the filing in the board of a declaration of taking, with sufficient copies for giving notice as required by RSA 498-A:8[, together with such]. The declaration shall be considered filed after receipt by the board and review by the board for compliance with paragraph II. If the board finds the declaration of taking is not compliant with paragraph II, the board may direct the filing of a more specific declaration of taking. After the giving of any bond and security as may be required under RSA 498-A:6, [and thereupon] the title which the condemnor seeks in the property condemned shall pass to the condemnor on the date of such filing, and the condemnor shall be entitled to possession as provided in RSA 498-A:11. A declaration may include more than one parcel and multiple condemnees so long as the identity of the property taken of each condemnee [is] and the nature of their interests are readily ascertainable.

II. The declaration of taking shall be in writing and executed by the condemnor, shall be captioned as a proceeding in rem and shall contain the following:

(a) The name and address of the condemnor;

(b) The name and address of each condemnee and the nature of each condemnee’s interest;

[(b)] (c) A specific reference to the statute, chapter and section thereof, under which the condemnation is authorized;

[(c)] (d) A specific reference to the action, whether by ordinance, resolution or otherwise, by which the declaration of taking was authorized, including the date when such action was taken, and the place where the record thereof may be examined;

[(d)] (e) A brief description of the purpose of the condemnation and the need therefor;

[(e)] (f) A description and plan of the property taken sufficient for the identification thereof, specifying the town, city and county wherein the property taken is located; and

[(f)] (g) A statement of the nature of the property being taken.

171:3 Board Action. Amend RSA 498-A:24 to read as follows:

498-A:24 Board Action. Upon receipt of the filing of a declaration of taking, and after any preliminary objections under RSA 498-A:9-a have been concluded, the board shall forthwith fix a time for hearing the parties on the issue of just compensation, and shall give notice thereof to all persons named in the declaration of taking as condemnor and as condemnee, and otherwise as justice may require. Such service shall be made in the manner prescribed in RSA 498-A:4, and shall be given at least 30 days prior to the date set for the hearing. The board may, after notice to all parties, upon its own motion or motion of any party, make such order for consolidation of any of the cases pending before it as justice and convenience requires.

171:4 Effective Date. This act shall take effect January 1, 2006.

(Approved: June 21, 2005)

(Effective Date: January 1, 2006)