CHAPTER 4 POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES
Acquisition and Disposal of Real Estate
Section 4:30-a
4:30-a Acquisition of Municipal Land Used for Conservation or Recreation. –
If the state proposes to acquire any municipal land, under the provisions of RSA 4:29, 4:30, 233, 236, or of any other applicable section of RSA, for highway or other purposes, and such land had been used by said municipality for conservation or recreation, it shall first comply with the following requirements:
I. A public hearing shall be held which may be a special hearing or the hearing required by RSA 4:33, 233:10, 236, or by any other applicable section of RSA. At such public hearing and in any statutorily required notice thereof, and in a notice which shall be posted 90 days prior to the hearing, the state shall set forth the description of the land proposed to be acquired and the proposed use of such land, together with any reasons justifying the acquisition of such property rather than other land. The state may acquire such land, for highway or other purposes, unless, at any meeting called prior to said hearing to act on the question, the governing body of the municipality in which the land is located, by a majority of its members present and voting, votes to disapprove the proposed acquisition. Any approval or disapproval of such proposed acquisition which has been duly voted by the governing body of the municipality shall be certified to the appropriate state official or agency by the municipal officials at the public hearing or within 15 days thereafter.
II. In the event that the governing body votes to disapprove the proposed acquisition, the state may acquire such land only by filing a petition in the superior court for any order permitting it to do so. At the time the petition is filed, the state shall serve a copy thereof upon the municipality. After hearing any interested citizens and considering all the facts and the public policy of this state which encourages the use of land for recreation and conservation purposes, if said court finds that no other land is available as a satisfactory substitute for the land proposed to be taken, it shall issue an appropriate order.
III. When the state acquires any municipal land under the provisions of this section, it shall transfer to said municipality other comparable land and facilities to the extent feasible, or shall grant to said municipality sufficient funds to acquire comparable land and facilities for such purposes. The fact that the land and facilities are comparable within the meaning of this paragraph shall be determined by the order of the court or by the state agency acquiring the land, subject to any applicable statutory right of appeal therefrom.
IV. In order to transfer comparable land and facilities as provided in this section, the state, or the appropriate agency thereof, may by purchase or condemnation acquire such land and facilities. When title to the replaced land was vested in more than one municipality, title to the replacement land shall be vested in units to each of such municipalities in the same proportion as that in which the replaced land was held.
Source. 1967, 298:1. 1975, 196:1, eff. Aug. 1, 1975.