§ 203:3 — Definitions

The following terms, wherever used or referred to in this chapter, shall have the following respective meanings, unless a different meaning clearly appears from the context:
I. "Authority" or "housing authority" shall mean any of the public corporations created by RSA 203:4.
II. "Municipality" shall mean any city or town in this state. The "municipality" shall mean the particular municipality for which a particular housing authority is created.
III. "Governing body" shall mean in a city that governing body which is designated as such by the charter of the particular city; in a town, the town meeting.
IV. "Mayor" shall mean the mayor of the city or the officer thereof charged with the duties customarily imposed on the mayor or executive head of the city. "Mayor" shall also mean the selectmen in the case of towns.
V. "Clerk" shall mean the clerk of the municipality or the officer charged with the duties customarily imposed on such clerk.
VI. "Area of operation" of a housing authority of a municipality shall include all of the municipality for which it is created, and the area of operation of the housing authority of a city shall include the area within 6 miles of the territorial boundaries thereof. The area of operations of the housing authority of a city shall not, however, include any area which lies within the territorial boundaries of any other city, nor shall it include any portion of a town for which a housing authority has been organized, but the city housing authority may continue to operate any project which has been constructed or which is in the process of construction within the original area of its operations.
VII. "Federal government" shall include the United States of America, or any agency or instrumentality, corporate or otherwise, of the United States of America.
VIII. "Slum" shall mean any area where dwellings predominate which, by reason of dilapidation, overcrowding, lack of ventilation, light or sanitary facilities, or any combination of these factors, are detrimental to safety, health or morals.
IX. "Housing project" shall mean any work or undertaking: (1) to demolish, clear or remove buildings from any slum area; such work or undertaking may embrace the adoption of such area to public purposes, including parks or other recreational or community purposes; or (2) to provide decent, safe and sanitary urban or rural dwellings, apartments or other living accommodations for persons of low income; such work or undertaking may include buildings, land, equipment, facilities and other real or personal property for necessary, convenient or desirable appurtenances, streets, sewers, water service, parks, site preparation, gardening, administrative, community, health, recreational, welfare or other purposes; or (3) to accomplish a combination of the foregoing. The term "housing project" also may be applied to the planning of the buildings and improvements, the acquisition of property, the demolition of existing structures, the construction, reconstruction, alteration and repair of the improvements and all other work in connection therewith.
X. "Persons of low income" shall mean persons or families who lack the amount of income which is necessary (as determined by the authority undertaking the housing project) to enable them, without financial assistance, to live in decent, safe sanitary dwellings, without overcrowding.
XI. "Bonds" shall mean any bonds, notes, interim certificates, debentures, or other obligations issued by an authority pursuant to this chapter.
XII. "Real property" shall include all lands, including improvements and fixtures thereon, and property of any nature appurtenant thereto, or used in connection therewith, and every estate, interest and right, legal or equitable, therein, including terms for years and liens by way of judgment, mortgage or otherwise and the indebtedness secured by such liens.
XIII. "Obligee of the authority" or "obligee" shall include any bondholder, trustee or trustees for any bondholders, or lessor demising to the authority property used in connection with a housing project, or any assignee or assignees of such lessor's interest or any part thereof, and the federal government when it is a party to any contract with the authority.
XIV. "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 slums, as defined in RSA 203:3, VIII, 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.

Legislative History

1941, 222:3. RL 169:3. 1947, 169:2. 2006, 324:3, eff. Jan. 1, 2007.