New Hampshire Bar Association
About the Bar
For Members
For the Public
Legal Links
Publications
Newsroom
Online Store
Vendor Directory
NH Bar Foundation
Judicial Branch
NHMCLE

Support Of Lawyers/Legal Personnel All Concern Encouraged

NH Bar's Litigation Guidelines
New Hampshire Bar Association
Lawyer Referral Service Law Related Education NHBA CLE NHBA Insurance Agency

Member Login
username and password

Bar News - July 22, 2005


NH Senate Task Force To Study Eminent Domain Laws


NH Senate President Thomas R. Eaton, in response to the recent U.S. Supreme Court decision that local governments have the authority to seize private property for the purposes of economic development, has appointed a task force to study NH’s current laws.

 

“Recently, the U.S. Supreme Court issued a decision that allows local governments to use eminent-domain proceedings to take property from private citizens and give it to developers so they can make a profit,” Eaton said. “This is wrong. The right to own property for personal use is fundamental to a free society.

 

“There are legitimate reasons why the government needs to take private property for a public project, such as road-widening or flood-control. However, the government should never be allowed to take someone’s private property just because it thinks the property could be put to better use by someone else,” he added.

 

Named to the task force are Senators Robert Odell and Peter Bragdon, members of the Senate Energy and Economic Development Committee, and Senators Joseph Foster, Robert Clegg, Richard Green and David Gottesman, members of the Senate Judiciary Committee. (Foster and Gottesman are members of the NH Bar.)

 

“I am asking this bipartisan group of senators to study our current law on eminent domain and to recommend legislation to be filed next year which will guarantee that in New Hampshire we respect private-property rights and protect citizens from well-intentioned but overreaching municipalities,” Eaton said.

 

Edward M. (Ned) Gordon, a former state Senator, sponsored legislation that created a study committee on eminent domain which made a report in 2002. That panel made several recommendations regarding changes to eminent domain statutes mostly affecting procedures to provide individual homeowners with more avenues for review.

NHLAP: A confidential Independent Resource

Home | About the Bar | For Members | For the Public | Legal Links | Publications | Online Store
Lawyer Referral Service | Law-Related Education | NHBA•CLE | NHBA Insurance Agency | NHMCLE
Search | Calendar

New Hampshire Bar Association
2 Pillsbury Street, Suite 300, Concord NH 03301
phone: (603) 224-6942 fax: (603) 224-2910
email: NHBAinfo@nhbar.org
© NH Bar Association Disclaimer