Eminent Domain

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Should these negotiations fail or they are not required for that government entity, the property may be acquired upon offering to buy it and depositing the amount of the purchase offer with the clerk of the district court in the county where the property is located. The clerk must notify the landowner that the money has been deposited. If the landowner disputes the taking of the property or the amount offered for it, the landowner must appeal to the district court.

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A judge must decide the legal question of use or necessity. The court will schedule a separate hearing to determine these questions. To determine if there are grounds for an appeal, the interested party should consult an attorney in private practice. Just compensation is payment made by the condemnor that is intended to compensate the landowner for the fair market value of the property taken and any severance or consequential damages.

The determination will be made by a jury or, if the landowner waives the right to a jury, by a judge. At the trial, both the landowner and condemnor present their opinions on the amount of just compensation. Both sides are allowed to have witnesses, expert appraisers, exhibits and other evidence to support their claims.


The landowner has the right to be compensated for the value of the property taken, including the value of any improvements to the property, as well as payment for certain additional damages:. Occasionally, the construction of the public project improves or enhances the remaining property not taken. In that case, the value of such improvement is deducted from the amount of damages due to the landowner. These improvements do not reduce the value of the property taken or the amount of just compensation.

Eminent Domain in Your State

However, if the landowner appeals or requests a new trial and does not win, the court may impose the costs of appeal or the new trial on the landowner. See RSA A The proceedings before the superior court are de novo anew. If neither party appeals the decision of the Board, costs are awarded upon motion to the prevailing party. See RSA Aa. Condemnor Condemnee. Adobe Acrobat Reader format.

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You can download a free reader from Adobe. Eminent Domain: The right of government to take private property for public use upon payment of just compensation condemnation effected by the filing of a Declaration with the Board. Liability of the State for Injuries to Property Chapter Liability of Municipal Corporations Chapter Coastal Areas and Wetlands Takings Chapter Pre-condemnation Planning Chapter G1B.

Presenting Valuation to the Jury Chapter G4. Settlement Issues and Techniques Chapter G7.

Eminent domain in the United States

Appellate Practice Chapter G9A. Partial Takings Chapter G Environmental Issues Chapter G14D.

Open Space Chapter G14E. Inverse Condemnation Chapter 14F.

What is the Difference Between Eminent Domain and Inverse Condemnation?

Right-of-Way Reservations Chapter G Condemnation Blight Chapter G Railroad Rights-of-Way Chapter G Condemnation of Billboard Interests Chapter G Fixtures Chapter G Loss of Business Goodwill Chapter G Water Issues Appendix A. Model Compensation Statutes Appendix E. Discounts may be available to customers that subscribe to both online research and print products.