N.H. Legislators Study Takings of Private Property

June 10, 2003

By Pat Taylor for REALTOR Magazine Online

Traditionally, eminent domain has been used by government to take private property to build roads and other public works. But recently there's been a national trend in which government takes private property to sell it to another private owner. Often the move is a way for a locality to make more money from the higher taxes afforded by the new owner, often a business. The trend has prompted a committee of New Hampshire legislators to form a committee in 2002 to study the issue with an eye toward developing legislation, according to Kipp Cooper, government affairs director for the New Hampshire Association of REALTORS.

A proposed bill, S.B. 91, would specifically address the issue of the current trend in takings by studying "the public policy implications of having government entities take property by eminent domain to make it available to other private entities." The original mandate of the committee is more general. It would study:

1. Whether current eminent domain proceedings are fair to those whose property is being taken.

2. Whether appraisals made by various departments are unbiased and represent true market values of property.

3. Whether the eminent domain process can be improved to promote public confidence.

4. Recurring problems and concerns to determine how the process is perceived by those in the public who've been involved in the process.

The committee is to report its findings and any recommendations for proposed legislation by Nov. 1, 2003.

http://www.realtor.org/RMODaily.nsf/pages/News2003061003