TITLE LI
COURTS

CHAPTER 498-A
EMINENT DOMAIN PROCEDURE ACT

Condemnation Procedure

Section 498-A:12

    498-A:12 Abandonment of Project. –
I. If a condemnor has condemned a fee and thereafter abandons the purpose for which the property has been condemned, the condemnor may dispose of it by sale or otherwise; provided, however, that if the property has not been substantially improved, it may not be disposed of within 10 years of condemnation without first being offered to the condemnee, his heirs and assigns at the same price paid to the condemnee by the condemnor. The condemnee, his heirs and assigns shall be served with notice of the offer in the same manner as prescribed for the service of notices in RSA 498-A:4, and shall have 90 days after receipt of such notice to make the written acceptance thereof.
II. If a condemnor has acquired a fee and thereafter abandons the property, after the purpose is served for which the property was acquired, or abandons the property for any reason within 10 years of acquisition, the property may not be disposed of without first being offered to the landowner, his heirs and assigns at a price equal to the current appraised value of the property including any improvements made thereon. The landowner, his heirs and assigns shall be served notice pursuant to RSA 498-A:12, I. This provision shall not apply to those properties purchased as early or total acquisitions at the landowner's request.

Source. 1971, 526:1. 1988, 42:1. 2003, 211:2, eff. July 1, 2003.