TITLE LI
COURTS

Chapter 498-A
EMINENT DOMAIN PROCEDURE ACT

General Provisions

Section 498-A:1

    498-A:1 Intent of Chapter. –
I. It is the intent by the enactment of this chapter to provide a complete and exclusive procedure to govern all condemnations of property for public uses including the review of necessity, public uses, and net-public benefit, and the assessment of damages therefor. It is not intended to enlarge or diminish the power of condemnation given by law to any condemnor and it is not intended to enlarge or diminish the rights given by law to any condemnee to challenge the necessity, public uses, and net-public benefit for any condemnation.
II. Notwithstanding any other provision of law to the contrary, no person's private real property shall be taken pursuant to this chapter unless that real property is to be put to public use, as defined in RSA 498-A:2, VII.

Source. 1971, 526:1. 1973, 256:1. 1995, 194:2. 2006, 324:10, eff. Jan. 1, 2007.

Section 498-A:2

    498-A:2 Definitions. –
The following words, when used in this chapter, unless the context clearly indicates otherwise, shall have the meanings ascribed to them in this section:
I. "Condemn" means to take public and private property by authority of law for a public use;
II. "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. This definition does not include judgment creditors or other lien holders;
III. "Condemnor" means the entity, including the state of New Hampshire, taking property of another under authority of law for a public use;
IV. "Court" means the superior court of the state of New Hampshire;
V. "Property" shall include lands, tenements and hereditaments and all rights thereto and interests therein;
VI. "Board" shall mean the board of tax and land appeals established under RSA 71-B:1.
VII. "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.
(b) Except as provided in subparagraphs (a)(2) and (4) of this paragraph, public use shall not include the public benefits resulting from private economic development and private commercial enterprise, including increased tax revenues and increased employment opportunities.

Source. 1971, 526:1. 1977, 363:1, 2. 1982, 42:78. 1991, 241:1. 2006, 324:11, 24, eff. Jan. 1, 2007.

Condemnation Procedure

Section 498-A:3

    498-A:3 Jurisdiction. – All condemnation proceedings other than by municipalities acting under RSA 38 or public utilities shall be brought in the office of the board.

Source. 1971, 526:1. 1981, 493:3. 1981S, 3:2. 1982, 42:79. 1989, 124:4. 1990, 70:3, eff. Jan. 30, 1991.

Section 498-A:4

    498-A:4 Preliminary Steps to Initiating Action. –
I. Disclosure. At the initial contact with a property owner, the condemnor shall provide to the condemnee information regarding acquisition and relocation. Such information shall include a disclosure, conspicuously located, which states that the condemnor does not represent the rights of the condemnee and that the condemnee may want to obtain independent advice or unbiased counsel.
II. Appraisal.
(a) The condemnor shall have an impartial, qualified appraiser make at least one appraisal of all property proposed to be acquired. The appraiser shall make reasonable efforts to confer with the condemnees or their personal representatives.
(b) Condemnees who are the subject of a property acquisition shall have a reasonable opportunity to have their property appraised by an independent, qualified appraiser, employed by the condemnees. The condemnor shall reimburse the usual and customary cost of the appraisal up to $1,000 for each property.
(c) Before making the offer provided for in paragraph III, the condemnor shall make reasonable efforts to negotiate with the condemnees or their personal representatives for the purchase of the property, but failure to confer or negotiate shall not be a defense to condemnation of a property. Any sum of money or other consideration discussed by either the condemnor or the condemnee during any such negotiations shall not be admissible in evidence and shall not be referred to in any proceedings for the determination of just compensation.
(d) Within 10 days of receipt of a notice of offer provided for in paragraph III of this section a municipal condemnee shall, at the request of the condemnor, furnish the condemnor with the estimated amount of unpaid taxes, fees and interest for which notice has not been recorded at the registry of deeds for the county in which the property is located. Failure to timely provide such estimate shall not affect any right of a municipal condemnee under this chapter.
(e) The condemnor shall review any independent appraisals prepared under this paragraph for accuracy before formulating a notice of offer.
(f) The condemnor shall provide a copy of the appraisal, and if requested, any official appraisal review notes upon which the negotiations are based, to the condemnee at the time of negotiation or at least 45 days prior to making the notice of offer, whichever comes first.
III. Notice of Offer.
(a) The condemnor shall make its notice of offer within a reasonable time after the governmental entity, with the statutory authority to condemn, votes to acquire a property.
(b) No property shall be taken unless the condemnor shall serve upon the condemnee a written notice of offer to purchase, which shall set forth:
(1) The purpose for which the property will be taken.
(2) A description of the property to be taken sufficient for the identification thereof, including sources of title, if ascertainable.
(3) The amount of compensation offered and whether the offer is based on the appraisal required by RSA 498-A:4, II(a), or on some other basis.
(4) The effective date of the appraisal.
(5) That an action to condemn the property in the manner provided by this chapter will be commenced if the offer is not accepted within 30 days after service of the notice. Just compensation for the taking shall be based on the value of the property as of the date of taking or at the sole election of all condemnees, compensation may be based upon the property's value based upon the date the governmental entity, with the statutory authority to condemn, votes to acquire the comdemnee's property. Any such election shall occur not later than 30 days from the return date of the RSA 498-A:8, I order of notice by written notice to the board of tax and land appeals and the condemnor.
(c) The offer shall remain outstanding and may be accepted by the condemnee until such time as either the condemnor or the condemnee files a petition in the superior court to have the damages reassessed under RSA 498-A:27.
(d) The condemnor shall make public a complete list of such offers showing the name of each condemnee and the amount of the offer in each case, including the value of the property before and after the taking, if different, and the amount of damages.
IV. Service of Notice.
(a) The giving of the notice of offer is a jurisdictional prerequisite to instituting condemnation proceedings. The notice may be served by certified mail and service shall be complete on the date of mailing. If the condemnee is a minor, an incompetent person, unknown, or is one whose whereabouts are unknown, the condemnor shall serve such notice upon the legal guardian of the condemnee. If there is no such guardian, the condemnor shall petition the board and request that a guardian ad litem be appointed to represent such condemnee. If the condemnee is unknown or one whose whereabouts are unknown, such notice shall also be published once in a newspaper of general circulation in the county where the property is located.
(b) If the offer is accepted, the transfer of title shall be accomplished within 30 days after acceptance, including payment of the considerations set forth in the offer or as agreed upon between the parties, unless such time is extended by mutual written consent by the condemnor and condemnee. In the event the condemnee fails to convey the property within the specified time, the condemnor may commence condemnation proceedings.
(c) If the offer is not accepted within 30 days after the service of the notice, the condemnor shall commence condemnation proceedings within 90 days after the expiration of such 30-day period.

Source. 1971, 526:1. 1973, 256:2-6. 1977, 363:3-8. 1981, 493:4. 1982, 42:79. 1983, 297:1-3. 1991, 241:2. 2003, 211:1. 2004, 93:1, eff. May 10, 2004.

Section 498-A:5

    498-A:5 Condemnation; Passage of Title; Declaration of Taking. –
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. 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, 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 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;
(c) A specific reference to the statute, chapter and section thereof, under which the condemnation is authorized;
(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;
(e) A brief description of the purpose of the condemnation, the need therefor, and the public use to which the real property will be put;
(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
(g) A statement of the nature of the property being taken.
III. The declaration of taking may be amended by order of the board, upon agreement of the parties, or upon appropriate motion filed by the condemnor. Such amendments shall be permitted for the purpose of correcting errors and omissions which may exist in the declaration of taking, but shall not be permitted for the purpose of increasing or decreasing the physical extent of the taking or the nature of the property taken.

Source. 1971, 526:1. 1973, 256:9, 10. 1977, 363:9, 10. 1981, 493:5, 6. 1982, 42:79. 2005, 171:2. 2006, 324:12, eff. Jan. 1, 2007.

Section 498-A:6

    498-A:6 Security. – The board, upon motion of the condemnee, may require the condemnor to give such bond and security as the board deems proper; provided that such bond and security shall not be required when the state of New Hampshire is the condemnor.

Source. 1971, 526:1. 1973, 256:7. 1981, 493:7, eff. June 29, 1981.

Section 498-A:7

    498-A:7 Recording Notice of Condemnation. –
I. The condemnor, upon filing its declaration of taking, shall, within 48 hours thereof, record a notice of such filing in the office of the registry of deeds of the county in which the property is located. If the property is located in 2 or more counties, the notice shall be recorded in all such counties. The notice shall specify the date the declaration was filed, and shall contain the names of the condemnees, a description of the property taken in a form suitable for use in a deed, including sources of title, if ascertainable, and a plan of the property condemned sufficient for the identification thereof, and shall be indexed at such registry showing the condemnee set forth in the notice as though a grantor and the condemnor as though a grantee.
II. Whenever an amendment of the declaration of taking is made pursuant to RSA 498-A:5, III, an amended notice of condemnation shall be filed in the registry of deeds in which the original notice was filed pursuant to paragraph I. Such amended notice of condemnation shall be designated as such and shall conform to the requirements for a notice of condemnation set forth in paragraph I and, in addition, shall contain a reference by book and page to the original notice of condemnation.

Source. 1971, 526:1. 1977, 363:11. 1981, 493:8, eff. June 29, 1981.

Section 498-A:8

    498-A:8 Notice to the Condemnee. –
I. The clerk of the board shall forthwith issue an order of notice to each of the condemnees in the same manner as in the case of a petition in equity with a return date not less than 14 days from the date of filing the declaration of taking.
II. Such order of notice shall be served within or without the state of New Hampshire by any competent adult, in the same manner as service of process is served in this jurisdiction, or by certified or registered mail to the last known address of the condemnee. If service cannot be made in the manner provided, then service shall be made by posting a copy of the notice upon the most public part of the property and by publication of a copy of the notice one time in a newspaper of general circulation published in the county.

Source. 1971, 526:1. 1981, 493:9. 1982, 42:79, eff. Dec. 31, 1982.

Section 498-A:9

    498-A:9 Repealed by 1973, 256:8, eff. June 22, 1973. –

Section 498-A:9-a

    498-A:9-a Preliminary Objections. –
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 RSA 498-A:24. The board may allow amendment or direct the filing of a more specific declaration of taking.

Source. 1981, 493:10. 1982, 42:79. 1995, 194:3. 2006, 324:13, eff. Jan. 1, 2007.

Section 498-A:9-b

    498-A:9-b Determination of Preliminary Objections Based on Necessity, Public Use, and Net-Public Benefit. –
I. If a condemnee files a preliminary objection under RSA 498-A:9-a, I(c) concerning necessity, public use, or net-public benefit, the board shall transfer that preliminary objection to the superior court of the county in which the property is located. There shall be no filing fee for such transfer.
II. Upon receipt of the transfer from the board, the superior court shall require a response from the condemnor and may conduct an evidentiary hearing before it rules on the preliminary objection. Parties may appeal the superior court's decision to the supreme court. Once the decision is final and nonappealable, the superior court shall send to the board a copy of its decision.
III. If the superior court denies the condemnee's preliminary objection, the board shall then proceed under RSA 498-A:25 to determine the amount of just compensation.
IV. If the superior court grants the preliminary objection, the board shall determine the damages, if any, in accordance with RSA 498-A:9-a, V and then dismiss the declaration of taking and record such dismissal order in the registry of deeds.

Source. 1995, 194:4. 2006, 324:14, eff. Jan. 1, 2007.

Section 498-A:10

    498-A:10 Right to Enter Property Prior to Condemnation. – Prior to the time of filing the declaration of taking, the condemnor or its employees or agents shall have the right to enter upon any land or improvement which it has the power to condemn, in order to make studies, surveys, tests, soundings, and appraisals; provided, however, that the condemnee has been notified 10 days prior to entry on the property. Such entry and related activities shall not constitute a trespass, but the condemnor shall be liable for any actual damages caused thereby. This liability may be enforced in a civil action against the condemnor brought in the superior court in the county in which the property is located, with damages to be assessed by the board in the manner provided in RSA 498-A:24.

Source. 1971, 526:1. 1977, 363:12. 1982, 42:79. 1983, 297:4, eff. Aug. 17, 1983.

Section 498-A:11

    498-A:11 Possession; Entry and Payment of Compensation. –
I. The condemnor, after the filing of the declaration of taking, shall be entitled to possession or right of entry upon deposit with the board of the amount of just compensation as estimated by the condemnor, and interest shall not accrue thereafter on such sum, but shall only accrue on the amount of final award or judgment in excess thereof. The clerk of the board shall pay over the sum deposited upon demand to the condemnee. Whenever the board is satisfied that any person, whether holding under the owner or not, is preventing or obstructing the condemnor from entering upon or taking possession of the property after the condemnor is entitled to do so, it may grant such rights as it may think necessary or may proceed for contempt.
II. If within 60 days from the filing of the declaration of taking the condemnor has not deposited just compensation as provided in paragraph I, the board, upon petition of the condemnee, may compel the condemnor to file a declaration of estimated just compensation or, if the condemnor fails or refuses to file such declaration, may, at the cost of the condemnor, appoint an impartial expert appraiser to estimate such just compensation. The board may, after hearing, order the deposit of the amount of the estimated just compensation.
III. A condemnee who withdraws the sum deposited under either paragraph I or paragraph II shall be deemed to have waived all objections and defenses to the action and to the taking of his property except for any claim to greater compensation.
IV. Any amount deposited or withdrawn under this section is not admissible in evidence and shall not be referred to in any proceeding for the determination of just compensation.

Source. 1971, 526:1. 1973, 256:9. 1981, 493:11. 1982, 42:79. 1983, 297:5, eff. Aug. 17, 1983.

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.

Board of Tax and Land Appeals

Section 498-A:13

    498-A:13 Repealed by 1982, 42:83, eff. Dec. 31, 1982. –

Section 498-A:14

    498-A:14 Repealed by 1982, 42:83, eff. Dec. 31, 1982. –

Section 498-A:15

    498-A:15 Clerk; Staff. – The board shall have a clerk who shall be appointed by the board and who shall be a classified state employee. In the exercise of the authority and performance of the duties prescribed by law, the board shall have the authority, within the limits of the appropriation for such purposes, to employ such other staff as it shall deem necessary.

Source. 1971, 526:1. 1977, 600:64. 1982, 42:79, eff. Dec. 31, 1982.

Section 498-A:16

    498-A:16 Offices; Hearings. – The board shall be provided with suitable office space in Concord, together with such furnishings and office equipment as shall be necessary for the administration of its business. All hearings before the board shall be open to the public, and each hearing shall be held in the county in which the declaration has been filed unless the parties agree to a hearing elsewhere. To the extent of available space, hearings shall be conducted in the respective county courthouse; otherwise, they shall be held in such place or places, accessible to the public, as the board shall direct.

Source. 1971, 526:1. 1982, 42:79, eff. Dec. 31, 1982.

Section 498-A:16-a

    498-A:16-a Filing Fee. – The condemnor shall pay a fee of $100 for each condemnation proceeding brought before the board. The filing fees collected under this chapter shall be deposited to the general fund.

Source. 1981, 493:12. 1982, 42:79. 1989, 408:77, eff. Aug. 4, 1989.

Section 498-A:17

    498-A:17 Repealed by 1993, 141:2, eff. July 16, 1993. –

Section 498-A:18

    498-A:18 Powers of Board. – The board and each of its members shall have the power to administer oaths and affirmations, to compel the attendance of witnesses and the production of books and documents, and to adjourn proceedings from time to time.

Source. 1971, 526:1. 1982, 42:79, eff. Dec. 31, 1982.

Section 498-A:19

    498-A:19 View; Technical Rules Not Controlling; Burden of Proof. – The board in any case may, and at the request of a party shall, take a view of the premises, the subject of a declaration of taking. In any hearing before the board, the board shall not be bound by the technical rules of evidence and may, in its discretion, admit all testimony having reasonable probative value on the issue of just compensation. Issues of fact shall be determined upon the balance of probabilities and the burden of proof shall be upon the condemnor.

Source. 1971, 526:1. 1982, 42:79, eff. Dec. 31, 1982.

Section 498-A:20

    498-A:20 Record. – The board shall cause an accurate record of its hearings to be made.

Source. 1971, 526:1. 1982, 42:79, eff. Dec. 31, 1982.

Section 498-A:21

    498-A:21 Allocation of Board Expenses. –
I. The board shall keep an accurate record of its cost of operation, including the salaries and expenses of the board and board personnel, and shall determine the portion thereof attributable to each condemnor having proceedings before the board.
II. Subsequent to any board action, the board shall bill to and collect from each of the condemnors the amount attributable to each, except the department of transportation for proceedings involving land purchases utilizing highway funds.
III. Funds collected pursuant to paragraph II shall be disposed of as follows:
(a) There shall be transferred to the highway fund the sum, if any, remaining after the amount of the board's expenses attributable to proceedings involving land purchases utilizing highway funds is subtracted from the total amount transferred from the highway fund for the use of the board;
(b) Any balance remaining after the transfer provided for in subparagraph (a) above shall be deposited in the general fund.
IV. In the event the expenses of the board attributable to proceedings involving land purchases utilizing highway funds exceed the amount appropriated from highway funds for the expenses of the board, such excess shall be transferred from the highway fund to the general fund and all funds collected pursuant to paragraph II shall be deposited in the general fund.

Source. 1971, 526:1. 1982, 42:79. 1997, 208:17. 2004, 257:34, eff. June 15, 2004.

Section 498-A:22

    498-A:22 State Agencies. – With respect to any state agency, the expenses billed by the state treasurer to the agency may be a charge against the funds appropriated to the agency for the purchase of the parcel or parcels of land involved in the proceedings before the board.

Source. 1971, 526:1. 1982, 42:79, eff. Dec. 31, 1982.

Determination of Just Compensation

Section 498-A:23

    498-A:23 Procedure Established; Guardian Ad Litem. – The board, on its own motion, may, or on petition of any party in interest shall, appoint a guardian ad litem to represent the interest of minors, persons under disability, unborn or unascertained parties or parties whose whereabouts are unknown.

Source. 1971, 526:1. 1973, 256:10. 1981, 493:13. 1982, 42:79, eff. Dec. 31, 1982.

Section 498-A:24

    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.

Source. 1971, 526:1. 1981, 493:14. 1982, 42:79. 2005, 171:3, eff. Jan. 1, 2006.

Section 498-A:25

    498-A:25 Method of Determination. – The board shall proceed to a determination of just compensation and shall hear evidence in that regard offered by the parties. The board shall first determine total compensation to be awarded on account of the taking and, if there is more than one person entitled to compensation, the award shall be apportioned among such persons, to each his proportionate share of the total compensation so found. The board may use its staff appraisers in evaluating a case before it.

Source. 1971, 526:1. 1982, 42:79. 2003, 63:2, eff. Jan. 1, 2004.

Section 498-A:26

    498-A:26 Report of Board. –
I. Upon the conclusion of its deliberations, the board shall promptly file its report and send a copy thereof to each party or to their attorneys of record.
II. The report shall include:
(a) A statement of the case;
(b) The nature of the property taken;
(c) A schedule of special benefits, if any, found;
(d) The value of the property before and after the taking, if different, and the amount of damages;
(e) A schedule of damages awarded and the portion thereof payable to each condemnee;
(f) Findings of fact;
(g) A response to any requests for rulings of law that have been submitted by any interested parties; and
(h) Such other matters as the board shall deem relevant.

Source. 1971, 526:1. 1977, 363:13. 1981, 493:15. 1982, 42:79. 1983, 297:6. 2003, 63:3, eff. Jan. 1, 2004.

Section 498-A:26-a

    498-A:26-a Awarding of Costs to Prevailing Party. – If neither the condemnor nor the condemnee appeals from the award of the board as provided in RSA 498-A:27, the board shall award costs to the prevailing party.

Source. 1975, 331:1. 1981, 493:16. 1982, 42:79, eff. Dec. 31, 1982.

Section 498-A:26-b

    498-A:26-b Attorney's Fees. – If the condemnee is the prevailing party solely on the issue of public use, he or she shall be entitled to reasonable attorney's fees.

Source. 2006, 324:15, eff. Jan. 1, 2007.

Section 498-A:27

    498-A:27 Appeal on Damages. – Any party, condemnee or condemnor aggrieved by the amount of compensation awarded by the board may, within 20 days after the filing of the report of the board, and not afterwards (unless for good cause shown the superior court extends such time), file in the superior court a petition to have the damages reassessed, and the court shall assess the damages by jury, or by trial without jury if jury trial is waived, and award costs to the prevailing party. The trial in such case shall be de novo. If the sum of estimated just compensation paid to the condemnee pursuant to RSA 498-A:11 exceeds the amount of final judgment, the court shall enter judgment against the condemnee for the amount so paid to him in excess of final judgment.

Source. 1971, 526:1. 1973, 256:11. 1982, 42:79, eff. Dec. 31, 1982.

Section 498-A:28

    498-A:28 Review. – There shall be a right of review in every condemnation cause from the final judgment of the superior court to the supreme court in the manner provided for review of any other final judgment of the superior court.

Source. 1971, 526:1, eff. July 1, 1971.

Section 498-A:29

    498-A:29 Repeals. – All acts or portions of acts inconsistent herewith are hereby repealed.

Source. 1971, 526:1, eff. Jan. 1, 1972.

Section 498-A:30

    498-A:30 Effective Date. – This chapter shall apply to all condemnation proceedings commenced on and after January 1, 1972.

Source. 1971, 526:1, eff. Jan. 1, 1972.

Section 498-A:31

    498-A:31 Compensation of Guardian Ad Litem. – A guardian ad litem appointed pursuant to RSA 498-A:4, III(a) shall be an attorney at law who shall be entitled to reasonable fees for services rendered as guardian ad litem. Upon approval by the board, said fees shall be paid by the condemnor.

Source. 1977, 363:14. 1981, 493:17. 1982, 42:79, eff. Dec. 31, 1982.