New Hampshire § 498-A:11 Possession;  Entry and Payment of Compensation

New Hampshire Statutes

§ 498-A:11 — Possession; Entry and Payment of Compensation

New Hampshire·Title LI COURTS·Ch. 498-A EMINENT DOMAIN PROCEDURE ACT·Subdivision Condemnation Procedure

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

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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.

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