Bar News - December 13, 2002
Legislative Group Recommends Eminent Domain Changes
THE FINAL REPORT of a legislative study committee released last month has recommended a number of steps to make the eminent domain process fairer (RSA 498-a) for property-owners.
The study committee, created by SB 187, calls for independent appraisals paid for by the government agency seeking to condemn the property for a public taking, as well as more clearly established notice and time appeal provisions. Under current practice, the Department of Transportation, the agency that most commonly utilizes eminent domain, uses its staff appraisers to provide appraisals.
The following are excerpts from the recommendations of the panel:
Recommendations
Property-owners should be entitled to an appraisal by a qualified and independent appraiser employed by them if their property is subject to eminent domain. The " reasonable cost" of such appraisal should be reimbursed by the agency responsible for the taking. The state may establish criteria for independent appraisers hired by condemnees
Once plans to take a property are announced, the property owner should receive a notice of offer within a specific and reasonable period. A condemnee should have the option of obtaining the value of the property at the time the possible taking was announced or at the actual time of taking.
A condemnee should be given a reasonable period of time, perhaps 90 days, to respond to a notice of offer.
Any appraisals upon which an offer is based should be provided to the condemnee when that offer is first presented.
Condemnees should have the option of having their entire property condemned when the taking of a portion of the property will have a significant negative impact on the use of the property by the condemnee.
Possible condemnees should be informed that eminent domain is an adversarial process.
A position of independent ombudsman, separate from the Department of Transportation or the Department of Justice, should be created to assist condemnees through the taking process.
The Board of Tax and Land Appeals should be statutorily authorized to use its staff appraisers in evaluating eminent domain cases, and the Board should be required to make findings of facts in eminent domain cases.
As an interim measure, as suggested by the Department of Transportation, the cap for relocation assistance for businesses should be increased from $10,000 to $100,000.
The Joint Legislative Study Committee created by SB 187 should be continued to conduct further studies.
Study Committee Chair Sen. Edward M. Gordon and Vice-Chair Rep. Ed Smith submitted the report to the Legislature last month.
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