Eminent Domain

Section 371:5-a

    371:5-a Residential Owner Option. –
I. When private real property which is used for residential purposes is proposed to be acquired in part for the construction of an above ground substation or transmission line, the owners of the residential property shall have the option to require the utility to condemn and take in fee the entire tract of land impacted by the proposed partial taking including all buildings and improvements thereon if all owners, excluding lien holders and mortgagees, of the private real property make such an election and provide the commission and the utility with written notice of their election within 30 days after receipt of the notice under RSA 371:4. If the utility acquires the entire tract of land with buildings and improvements thereon pursuant to this section or by agreement with the owners, the entire acquisition shall be deemed to be an acquisition for a public purpose and for use in the utility's business.
II. If any owner chooses to avail himself of the provisions of paragraph I, the utility seeking condemnation shall provide a perimeter survey of the entire tract to each owner without cost if:
(a) Requested by an owner at time of electing to avail himself of the provisions of paragraph I; and
(b) A perimeter survey of the premises does not already exist.
III. In all cases where residential property is taken pursuant to the provisions of this section, a resident owner shall also be awarded reasonable relocation and housing replacement expenses not to exceed 10 percent of the compensation ordered for the taking. If a residential tenant is also displaced as the result of any taking under this section, the tenant shall be awarded up to 6 months of the actual monthly rent being paid by the tenant prior to the notice given under section RSA 371:4, and reasonable relocation and housing replacement expenses not to exceed an additional 6 months of such monthly rent.

Source. 1983, 247:2. 1998, 253:2, eff. date, see contingency note set forth below. 2012, 2:4, eff. May 4, 2012.