TITLE XXXIX
AERONAUTICS

Chapter 423-A
AIRPORT PROPERTY TAX BASE SHARING

Section 423-A:1

    423-A:1 Purpose. – The purpose of this chapter is to increase the possibility of orderly airport development and to provide an incentive for coordinated multicommunity development of airport property within the airport boundary by permitting 2 or more public entities to share their tax bases.

Source. 1989, 111:3, eff. July 2, 1989.

Section 423-A:2

    423-A:2 Cooperative Tax Base Sharing Agreements. –
I. Any 2 or more municipalities, subject to approval by the legislative body of each municipality, or, with the approval of the governor and council, the state and any municipality may enter into a cooperative agreement to share all or a specific part of the commercial, industrial, or residential assessed valuation located within the airport boundaries. Where approval of a town meeting is required, the agreement shall be presented as a separate article in the town warrant.
II. Any such agreement shall specify the following:
(a) Its duration, which shall be 10 years or more;
(b) A description of the tax base to be shared, including, but not limited to, the type of property, the location of the property and whether it is existing, planned, or future construction.
(c) The formula for sharing the property taxes generated through taxation of the valuation which is to be shared.
(d) Any other necessary and proper provisions.

Source. 1989, 111:3, eff. July 2, 1989.

Section 423-A:3

    423-A:3 Filing of Agreement. – Any agreement entered into pursuant to this chapter shall be filed with the clerk of each municipality, the division of aeronautics, rail, and transit, and the secretary of state.

Source. 1989, 111:3, eff. July 2, 1989. 2004, 257:30, eff. July 1, 2004.

Section 423-A:4

    423-A:4 Administration. – The shared valuation shall be assessed in the municipality in which the property is located. It shall be taxed at the rate applicable in that municipality. The tax so assessed shall be collected by the municipality in which the property is located. The share of such tax, as specified in the tax base sharing agreement, shall be remitted within 30 days after collection to the other municipality or municipalities on the basis of the terms of the agreement entered into pursuant to RSA 423-A:2.

Source. 1989, 111:3, eff. July 2, 1989.

Section 423-A:5

    423-A:5 Arbitration. – Any disputes relative to the agreement shall not be the basis of the closure of any airport, airport operations, airport terminal facility or any transportation facility. Such disputes shall be arbitrated by the aviation users advisory board established in accordance with the rules of procedure adopted by the board under RSA 21-L:8.

Source. 1989, 111:3, eff. July 2, 1989.