§ 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.

Legislative History

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.