reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 52 - Village Districts › Section 52:11-a - Voting at District Meetings.

52:11-a Voting at District Meetings. –
Votes at district meetings shall be conducted according to the procedures established for town meetings in RSA 40:4-a, 4-b, and 6.
Source.
1971, 524:4, eff. July 7, 1971.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 52 - Village Districts › Section 52:11-b - Public Body.

52:11-b Public Body. –
Every legislative body, governing body, board, commission, or committee of any village district established under this chapter shall be deemed a "public body" under RSA 91-A and shall be subject to all applicable provisions of that chapter.
Source.
2021, 118:1, eff. Sept. 7, 2021.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 52 - Village Districts › Section 52:12 - Annual Meetings.

52:12 Annual Meetings. –
The annual meeting of each district shall be held between January 1 and May 1 of each year. In the case of a district formed for the purpose of impoundment of water, the annual meeting shall be held at another time of the year if so voted at a previous meeting.
Source.
1849, 852:8. CS 116:8. GS 97:5. GL 107:5. PS 53:8. 1899, 49:1. PL 57:12. RL 70:12. RSA 52:12. 1975, 13:3. 1981, 375:2, eff. Aug. 22, 1981.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 52 - Village Districts › Section 52:13 - Warning of Meetings.

52:13 Warning of Meetings. –
In case of a vacancy in the office of commissioners, or of their neglect or refusal to warn a meeting or insert an article in a warrant, or of failure to hold an annual meeting, a meeting of the district may be called and warned in the same manner as in like cases in towns.
Source.
1883, 6:1, 2. PS 53:9. PL 57:13. RL 70:13.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 52 - Village Districts › Section 52:14 - Special Meetings.

52:14 Special Meetings. –
The commissioners when calling a special district meeting shall, within one week after posting the warrant therefor, cause a copy of said warrant to be published once in a newspaper of general circulation in said district.
Source.
1945, 39:2, eff. Mar. 6, 1945.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 52 - Village Districts › Section 52:14-a - Repealed by 1993, 176:18, eff. Aug. 8, 1993.

52:14-a Repealed by 1993, 176:18, eff. Aug. 8, 1993. –
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 52 - Village Districts › Section 52:15 - Repealed by 1979, 410:2, XVIII, eff. July 1, 1979.

52:15 Repealed by 1979, 410:2, XVIII, eff. July 1, 1979. –
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 52 - Village Districts › Section 52:16 - Taxation, Procedure.

52:16 Taxation, Procedure. –
I. Whenever the district votes to raise money by taxation or otherwise for any of its purposes, the clerk shall, within 20 days thereafter, deliver a certified copy of such vote to the selectmen of each town which contains any part of the district and to the commissioner of revenue administration. Whether or not the district is situated wholly within one town, the selectmen of each town shall assess the tax on that part of the district lying within their own town and commit it to the collector of taxes from their own town. The collectors shall then collect the tax as required by law. The selectmen may make such assessments in the manner provided under RSA 76:4.
II. In the case of districts with annual budgets of less than $200,000, the town treasurer shall distribute the amount of taxes collected and held in trust by the town under paragraph I to the district treasurer no later than December 31 of each calendar year, unless otherwise agreed to in writing by the town and district treasurers. In the case of districts with annual budgets of $200,000 or more, the town treasurer shall distribute the amount of taxes collected and held in trust by the town under paragraph I by distributing to the district treasurer all taxes collected in any given calendar month by the end of the next following month, unless otherwise agreed to in writing by the town and district treasurers. The town treasurer, furthermore, shall turn over to the district treasurer all interest earned on district tax revenues held in trust by the town and all interest collected by the town on the account of any delinquent district taxpayers' district taxes in the same manner as the tax revenues are distributed.
Source.
1849, 852:7. CS 116:7. GS 97:4. 1874, 11:1. GL 107:4. PS 53:11. PL 57:15. RL 70:15. RSA 52:16. 1975, 138:1. 1977, 11:1. 1991, 90:1. 1992, 274:1. 2010, 262:8, eff. Sept. 4, 2010.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 52 - Village Districts › Section 52:17 - Abatement of Assessments.

52:17 Abatement of Assessments. –
The power to abate and correct the assessment of such taxes shall belong to the board authorized to assess them; and aggrieved parties shall have the same remedies for relief as in case of town taxes.
Source.
1849, 852:7. CS 116:7. GS 97:4. 1874, 11:1. GL 107:4. PS 53:11. PL 57:16. RL 70:16.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 52 - Village Districts › Section 52:18 - Taking Land.

52:18 Taking Land. –
If any such district cannot obtain for a reasonable price any land or easement in land required by it for its purposes it may, through its commissioners or other duly authorized agents, make and file in the town clerk's office of each town in which such land is situated a description thereof by reference to permanent bounds or other means of description, and may petition the selectmen of the town or towns in which the district is situated for the assessment of the owner's damages. All subsequent proceedings and rights of all parties in interest shall be the same as in taking land for highways located in one town, or 2 adjoining towns, as the case may be.
Source.
GL 107:4. PS 53:12. PL 57:17. RL 70:17.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 52 - Village Districts › Section 52:18-a - Water Pollution.

52:18-a Water Pollution. –
Any district which shall have received an order by the department of environmental services under the provisions of RSA 147, 485, or 485-A shall proceed forthwith to acquire whatever easements and lands as are necessary to comply with said order provided that a majority of the voters vote in favor of said acquisition at any regular or special district meeting called for the purpose of taking action on such order and may enter upon, for the purpose of survey leading to land description, any land within the town or towns in which such district is situated. In so proceeding the district commissioners or other duly authorized agents shall institute any necessary land taking in accordance with the provisions of RSA 52:18 and, anything contained in RSA 231 or in the statutes generally notwithstanding, the decision of the commissioners of the town or towns in which such land or lands are situated shall not be vacated and any subsequent appeal or other action by the owner or owners shall be based solely on the amount of damages assessed, and the duly appointed agents of the district shall have full right of immediate entry for the purposes of detailed surveys, borings, or the conduct of any and all other actions necessary or desirable to aid the district in implementation of the order by the department of environmental services.
Source.
1969, 377:3. 1986, 202:6, I(a). 1989, 339:14. 1996, 228:108, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 52 - Village Districts › Section 52:19 - Joint Board.

52:19 Joint Board. –
If a district, situated in 2 or more towns, adopts the provisions of RSA chapter 252 the selectmen of all the towns as a joint board shall have powers and perform the duties of selectmen in such case.
Source.
PS 53:13. PL 57:18. RL 70:18.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 52 - Village Districts › Section 52:20 - Reporting Appointments.

52:20 Reporting Appointments. –
The clerk of any district having firewards or engineers shall forthwith after their appointment from time to time report their names and post-office addresses to the town clerks of the town in which the district is situated; and if he fails to do so he shall be fined $20.
Source.
1889, 17:2, 3. PS 53:14. 1905, 99:2. PL 57:19. RL 70:19.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 52 - Village Districts › Section 52:21 - Dissolution.

52:21 Dissolution. –
Any village district and any district now in existence having the rights and powers of a village district, may, at an annual meeting, by a 2/3 vote of its legal voters, terminate its existence and dispose of its corporate property. Upon the dissolution of any such district, the property, real and personal, which is contained within the former boundaries of the dissolved district shall continue to be subject to taxation and betterment assessments for the purpose of paying any unpaid bonds, notes, bills or other obligations incurred while the district was in existence, in the same manner as if the said district had not been dissolved. The selectmen of the town or towns in which the district was situated shall assess the taxes and betterment assessments in the same manner as if the district had not been dissolved and shall have the duty, authority, and power to pay such bonds, notes, bills or other obligations after the moneys received from such taxes and assessments. Provided, however, that in no case shall the total of any such taxes or assessment exceed the balance necessary to pay said bonds, notes, bills or other obligations after the net income derived from the property disposed of has been applied for the payment of the same.
Source.
GL 107:8. PS 53:15. PL 57:20. RSA 52:21. 1967, 169:1, eff. June 9, 1967.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 52 - Village Districts › Section 52:21-a - Village Districts in Lisbon.

52:21-a Village Districts in Lisbon. –
Notwithstanding the provisions of 1961, 360:7, the provisions of RSA 52:21 shall be applicable to the village district existing in the town of Lisbon at the time of the passage of this act, and to any other village district which may hereafter be established in said town.
Source.
1963, 436:4, eff. Aug. 30, 1963.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 52 - Village Districts › Section 52:22 - Adoption of Provisions.

52:22 Adoption of Provisions. –
Village districts and precincts established under the laws heretofore in force may adopt the provisions of this chapter, and thereupon shall have the rights conferred thereby and be governed by the same except as hereinafter provided. Unless they do so, the laws under which they were organized shall continue in force as to them, notwithstanding their repeal in general terms. In any case where a village district or precinct heretofore established by special act is authorized to hold its annual meeting any designated time, the time for such annual meeting so designated in such special act shall govern the holding of such annual meeting unless said village district or precinct shall otherwise vote in adopting the provisions of this chapter.
Source.
GS 97:7. GL 107:7. PS 53:16. PL 57:21. RL 70:21. 1943, 88:2, eff. Mar. 25, 1943.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 52 - Village Districts › Section 52:23 - Public Water.

52:23 Public Water. –
Upon the written application of 10 percent of the registered voters in any village water district, presented to the commissioners or one of them at least 15 days before the day prescribed for an annual meeting of the district, the commissioners shall insert in their warrant for such meeting an article relative to the use of fluoride in the water system for said district, and the district clerk shall prepare a ballot for said meeting with the following question: "Shall fluoride be used in the district water system?" Beside the question shall be printed the word "yes" and the word "no" with the proper boxes for the voter to indicate his or her choice. If a majority of those voting in a water system that serves only one municipality does not approve the use of fluoride in the district water system, no fluoride shall be introduced into the district water system; or if fluoride has, prior to said vote, been so introduced, such use shall be discontinued until such time as the majority of those voting in the town approve of the use of fluoride. After such popular referendum, the commissioners shall not insert an article relative to the use of fluoride in the district water system in the warrant nor shall the district clerk prepare such a ballot for a minimum period of 3 years from the date of the last popular referendum of the district and only upon written application at that time of not less than 10 percent of the registered voters of said district. The procedure for a referendum on the use of fluoride in a village district that is part of a water system serving more than one municipality shall be the procedure in RSA 485:14-a.
Source.
1959, 273:3. 1979, 335:3. 2004, 225:5. 2008, 230:8, eff. Aug. 19, 2008.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 52 - Village Districts › Section 52:24 - Filing With Secretary of State.

52:24 Filing With Secretary of State. –
The selectmen of every town, and the councilors or aldermen of every city, which have a village district established under the provisions of this chapter lying in whole or in part within said town or city, shall file with the secretary of state the following information concerning the village district or districts within their respective municipalities.
I. Within one year of the enactment of this section there shall be filed:
(a) The name of the village district;
(b) The powers granted to said district; and
(c) The territorial boundaries of the district.
II. Thereafter, within one year of any change in the above, there shall be filed:
(a) Any change in the name, powers or territorial limits of the district; and
(b) Any notice of dissolution of the district.
Source.
1969, 25:1, eff. May 3, 1969.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 52 - Village Districts › Section 52:26 - Contracts With the Department of Environmental Services.

52:26 Contracts With the Department of Environmental Services. –
Any contract between a district formed for the purpose of impoundment of water, organized pursuant to this chapter, and the department of environmental services for the construction, operation, and maintenance of any dam located within the district's boundaries that is in effect on the effective date of this act shall continue in effect for the remaining term of the contract or until terminated in accordance with the terms of the contract. If the district terminates the contract, any obligations and liabilities outstanding at the time of such termination shall be outstanding obligations and liabilities of the district and, if the district is terminated, such obligations shall be treated in the same manner as under RSA 52:21.
Source.
2010, 22:1, eff. July 6, 2010.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 52-A - Special Assessment Districts › Section 52-A:1 - Definitions.

52-A:1 Definitions. –
In this chapter:
I. "Improvement plan" means the plan for the special assessment district which sets forth the supplemental public services and facilities to be provided in the district and a plan for providing such services and facilities, including a budget and fee structure, which is approved by the municipal governing body as part of the creation of the special assessment district. An improvement plan shall be updated at least once every 3 years by the governing body.
II. "Proportionate share of the benefits" means that share, or portion, of the value of the total public facilities and service which specially and peculiarly benefits the property upon which they are imposed, as determined under RSA 52-A:3, III.
III. "Public facilities" means capital improvements, including but not limited to transportation, sanitary sewer, solid waste, drainage, potable water, communication infrastructure, and parks and recreational facilities that have a life expectancy of 3 or more years.
IV. "Public services" means the performance by employees, consultants, or agents of functions, operations, design, engineering, planning and maintenance, and repair activities in order to provide public facilities.
V. "Special assessment" means a charge imposed upon properties located within a designated special assessment district by a town or city to pay for public facilities and services which specially benefit the properties upon which they are imposed.
VI. "Special assessment district" means the district in which public facilities and services are to be provided and in which special assessments and charges may be levied and collected pursuant to this chapter to pay for those public facilities and services.
Source.
2015, 240:2, eff. Sept. 11, 2015.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 52-A - Special Assessment Districts › Section 52-A:2 - Authority.

52-A:2 Authority. –
I. Consistent with the provisions of this chapter, any town or city may establish special assessment districts for a part of the area of the town or city, within which may be provided public facilities and services from funds derived from service charges, special assessments, or other charges within the special assessment district.
II. For the purpose of providing public facilities and services within any special assessment district, the town or city may levy and collect service charges, special assessments, or other charges within the district, and borrow and expend money, and issue bonds, notes, and other obligations of indebtedness, which powers shall be exercised in the manner and subject to the limitations provided by this chapter and by the general laws of the state.
III. The provisions of this chapter shall not affect or limit any other provisions of law authorizing or providing for the furnishing of public facilities and services or the raising of revenue for these purposes. A town or city may use the provisions of this chapter instead of, or in conjunction with, any other method of financing part or all of the cost of providing the public facilities and services authorized under this chapter.
Source.
2015, 240:2, eff. Sept. 11, 2015.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 52-A - Special Assessment Districts › Section 52-A:3 - Requirements for Special Assessment Districts.

52-A:3 Requirements for Special Assessment Districts. –
A special assessment district shall meet the following requirements:
I. Public facilities and services for which special assessments are levied and collected must peculiarly and specially benefit the properties upon which the special assessments are imposed.
II. Special assessments levied and collected pursuant to a designated special assessment district shall not exceed a proportionate share of the benefits received by the property upon which the special assessments are imposed.
III. The proportionate share of the benefits received by the properties upon which a special assessment is imposed shall be calculated and apportioned by using any equitable means of assessment and apportionment which the governing body of the municipality may prescribe, including but not limited to square footage, front-footage, increased value, number of dwelling units, distance from the public facility, traffic generation, or other impact generation factors, or any combination thereof.
Source.
2015, 240:2, eff. Sept. 11, 2015.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 52-A - Special Assessment Districts › Section 52-A:4 - Procedures for Initiation of Special Assessment Districts.

52-A:4 Procedures for Initiation of Special Assessment Districts. –
I. Proceedings for the establishment of a special assessment district may be instituted by a petition filed with the governing body. The petition shall:
(a) Describe the boundaries of the territory which is proposed for inclusion in the special assessment district and include a map clearly delineating the boundaries.
(b) Contain a proposed improvement plan, as defined in RSA 52-A:1, I, for the special assessment district.
(c) Be signed by the owners of at least 50 percent of the lots within the proposed district, representing at least 65 percent of the assessed valuation within the proposed district. The name of each property owner signing the petition shall be indicated clearly on the petition, along with a listing by street address or lot number of all properties owned. In the case of any property that is owned jointly or in the name of a corporation, partnership, trust, or other legal entity, the signature and authority of any person purporting to represent the owner or owners shall be presumed valid for that purpose, subject to challenge. In the event of any dispute about the validity of such a signature or the authority of the person purporting to represent the entity, the decision of the governing body shall be conclusive.
(d) Designate a representative of the petitioners solely for the purpose of payment of mailing costs under RSA 52-A:5, I.
II. If the governing body finds that the petition is signed by the requisite number of petitioners under subparagraph I(c), that finding shall be final and conclusive.
Source.
2015, 240:2, eff. Sept. 11, 2015.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 52-A - Special Assessment Districts › Section 52-A:6 - Method of Appropriation.

52-A:6 Method of Appropriation. –
The municipality shall adopt a budgetary appropriation for capital and operating expenditures in a special assessment district as part of its budget process. The expense of constructing and maintaining the public facilities and performing public services described in the improvement plan, or paying off any capital debt or interest incurred in constructing or maintaining the public facilities on an annual basis, shall be included in the budgetary appropriation. At the end of each fiscal year, a full accounting of expenditures shall be made.
Source.
2015, 240:2, eff. Sept. 11, 2015.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 52-A - Special Assessment Districts › Section 52-A:7 - Assessment and Collection of Special Assessments.

52-A:7 Assessment and Collection of Special Assessments. –
Upon adoption of the budgetary appropriation, the municipality may levy assessments in an amount necessary to fund the appropriation, net of other revenues applied to the appropriation. The assessments shall be made against the owners of properties in the special assessment district based on their proportionate shares of the benefits as determined by the governing body. Government property and nonprofit organizations within the district shall be subject to the assessments. The special assessments shall be assessed and collected in the same manner as property taxes under RSA 76 and RSA 80 and be subject to the same penalties and the same procedure and sale in case of delinquency. The town or city shall commit a special assessment to the tax collector with a warrant signed by the appropriate municipal officials requiring the tax collector to collect them. The tax collector shall have the same rights and remedies, including a lien on the real estate, and be subject to the same liabilities in relation thereto as in the collection of taxes as provided in RSA 80.
Source.
2015, 240:2, eff. Sept. 11, 2015.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 52-A - Special Assessment Districts › Section 52-A:8 - Use of Proceeds.

52-A:8 Use of Proceeds. –
Any special assessments collected pursuant to this chapter shall be used, in whole or in part, only for public facilities and services authorized by this chapter or for the payment of the principal and interest of bonds and other obligations of indebtedness for such public facilities and services.
Source.
2015, 240:2, eff. Sept. 11, 2015.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 52-A - Special Assessment Districts › Section 52-A:9 - Issuance of Bonds and Other Indebtedness.

52-A:9 Issuance of Bonds and Other Indebtedness. –
I. A municipality may borrow money and issue bonds or notes to finance the public facilities and services of a special assessment district, provided that bonds or notes may be issued only for the purposes authorized under RSA 33:3 or RSA 33:3-c. All bonds or notes authorized in accordance with this section shall be issued under the procedures in RSA 33, provided that the payments on the bond and note shall be made only from special assessment district revenues.
II. Any such debt shall at no time be included in the net indebtedness of the municipality for the purpose of ascertaining its borrowing capacity under RSA 33.
Source.
2015, 240:2, eff. Sept. 11, 2015.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 52-A - Special Assessment Districts › Section 52-A:10 - Priority of Lien.

52-A:10 Priority of Lien. –
A special assessment shall be payable at the same time and in the same manner as property taxes assessed under RSA 76 and shall remain a lien, co-equal with the lien of all state, county, district, and municipal taxes, superior in dignity to all other liens, titles, and claims until paid.
Source.
2015, 240:2, eff. Sept. 11, 2015.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 52-A - Special Assessment Districts › Section 52-A:11 - Assessment Funds.

52-A:11 Assessment Funds. –
I. The funds received from the collection of special assessments shall be kept as a separate fund to be known as the special assessment fund. The fund shall be allowed to accumulate from year to year, shall not be commingled with municipal tax revenues, and shall not be deemed part of the municipality's general fund accumulated surplus. The fund shall be expended only for the purposes of this chapter.
II. Except when a capital reserve fund is established pursuant to paragraph III, all special assessment funds shall be held in the custody of the municipal treasurer. Estimates of anticipated assessments and anticipated expenditures from the assessment funds shall be submitted to the governing body under RSA 32:6 if applicable, and shall be included as part of the municipal budget submitted to the legislative body for approval. The treasurer shall pay out amounts from the assessment funds only upon order of the governing body. Expenditures shall be within amounts appropriated by the legislative body.
III. All or part of any surplus in the special assessment fund may be placed in one or more capital reserve funds under RSA 35 and placed in the custody of the trustees of trust funds. If such a reserve fund is created, the governing body may expend such funds pursuant to RSA 35:15 without prior approval or appropriation by the local legislative body.
Source.
2015, 240:2, eff. Sept. 11, 2015.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 52-A - Special Assessment Districts › Section 52-A:12 - Dissolution of District.

52-A:12 Dissolution of District. –
A special assessment district created under this chapter may not be dissolved until all debt incurred with respect to the district is finally discharged and all special assessments levied for the purpose of paying the debt have been paid or otherwise satisfied. Upon satisfaction of those conditions, the municipality's governing body may dissolve the district, and it shall dissolve the district upon receipt of a petition signed by the number of property owners specified in RSA 52-A:4, I(c). Upon dissolution of the district, all amounts remaining in the special assessment fund shall become part of the municipality's general fund accumulated surplus.
Source.
2015, 240:2, eff. Sept. 11, 2015.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 53 - Unincorporated Places › Section 53:1 - Powers.

53:1 Powers. –
I. All places, not incorporated as towns, which shall be required to pay any public tax are invested with the powers of towns relating to the choice of moderator, clerk, supervisors of the check list, and selectmen; and all provisions of law applicable to towns and town officers are extended to such places and their officers so far as they relate to meetings for the choice of such officers and to their election, and so far as they relate to the election of county, state and national officers.
II. No unorganized town or unincorporated place, including any such town or place which was previously organized and the organization of which has since been abandoned, shall hereafter become incorporated so as to become vested with the powers of towns, except for the purposes of election of local officers or state, national or county officers, unless such incorporation shall be granted by the general court.
Source.
RS 38:1. CS 40:1. GS 48:1. GL 52:1. 1885, 26:1. PS 54:1. PL 58:1. RL 71:1. RSA 53:1. 1965, 72:1, eff. July 29, 1965.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 53 - Unincorporated Places › Section 53:2 - Appointment; Tenure.

53:2 Appointment;  Tenure. –
The commissioners of any county in which there may be any unincorporated place may, upon petition of 5 or more reputable persons resident in such place, appoint such persons as they may deem proper as police officers, for the purposes and with the powers herein set forth. Such police officers shall hold their offices during the pleasure of the county commissioners by whom they have been appointed, not exceeding a term of 3 years.
Source.
1881, 68:1. PS 54:2. PL 58:2. RL 71:2.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 53 - Unincorporated Places › Section 53:3 - Record.

53:3 Record. –
A copy of the record of the appointment of such police officers shall be filed with the clerk of the superior court for the county in which the place where they may act as such officers is situated; and the filing of such record with their oath of office shall constitute the persons named therein police officers within and for the unincorporated place specified in such record.
Source.
1881, 68:2. PS 54:3. PL 58:3. RL 71:3.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 53 - Unincorporated Places › Section 53:4 - Badge.

53:4 Badge. –
Every such officer when on duty, except as a detective, shall wear some badge in plain view with the word "Police" inscribed thereon.
Source.
1881, 68:3. PS 54:4. PL 58:4. RL 71:4.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 53 - Unincorporated Places › Section 53:5 - Powers.

53:5 Powers. –
The powers and duties of such officers shall be the same as those of police officers of towns.
Source.
1881, 68:4. PS 54:5. PL 58:5. RL 71:5.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 53 - Unincorporated Places › Section 53:6 - Compensation; Discharge.

53:6 Compensation;  Discharge. –
The compensation of such police officers shall be provided by the persons petitioning for their appointment. Their duties shall cease upon notice to that effect, filed by the county commissioners in like manner as the record of appointment, and upon due notice thereof to such officers.
Source.
1881, 68:5. PS 54:6. PL 58:6. RL 71:6.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 53 - Unincorporated Places › Section 53:7 - Recording When No Clerk.

53:7 Recording When No Clerk. –
Any instrument, paper or act which is required by law to be recorded in the office of the clerk of a town, the identity of which town is determinable by the location of a person's residence or place of business, the location where personal property is kept, or any similar standard of location, may, if such location is in an unincorporated or unorganized place having no clerk, be recorded in the office of the register of deeds for the county in which such unincorporated or unorganized place is situated; and any such recording shall be valid and lawful to the same extent as if it had been recorded in the office of the proper town clerk.
Source.
1961, 187:1, eff. July 1, 1961.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 53-A - Agreements Between Government Units › Section 53-A:1 - Purpose.

53-A:1 Purpose. –
It is the purpose of this chapter to permit municipalities and counties to make the most efficient use of their powers by enabling them to cooperate with other municipalities and counties on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population and other factors influencing the needs and development of local communities.
Source.
1963, 275:14. 1974, 15:1. 1977, 238:1, eff. Aug. 19, 1977.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 53-A - Agreements Between Government Units › Section 53-A:2 - Public Agency Defined.

53-A:2 Public Agency Defined. –
For the purposes of this chapter, the term "public agency" shall mean any political subdivision of this state or of any adjoining state and any quasi-municipal corporation, including but not limited to school districts, school administrative units, village districts, regional water districts, and special districts.
Source.
1963, 275:14. 1977, 238:1. 2003, 281:11, eff. July 18, 2003. 2016, 46:1, eff. July 2, 2016.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 53-A - Agreements Between Government Units › Section 53-A:3-a - Public Works Mutual Aid Agreements.

53-A:3-a Public Works Mutual Aid Agreements. –
Public agencies may enter into agreements under this chapter for reciprocal emergency management aid and assistance and other public works programs, including provisions for the furnishing and exchanging of supplies, equipment, facilities, personnel, and services. Any such agreement shall be subject to the provisions of this section and to all provisions of this chapter that are not inconsistent with this section.
I. Such an agreement may provide for the manner in which the agreement may be amended and that additional entities may become parties to the agreement.
II. Unless otherwise prohibited or restricted by such an agreement, a private entity providing public services that would otherwise be provided by a public agency, including but not limited to a privately owned water or wastewater utility, may become a party to the agreement and participate in the implementation of it in the same manner as a public agency.
III. The agreement may create a board of directors or other body to govern and administer the agreement and the program of mutual aid established thereby. The membership, powers, and duties of any governing body so established shall be as set forth in the agreement. Except as provided in the agreement, there shall be no requirement that all parties to the agreement be represented on such body.
IV. The agreement may include provisions by which each municipality or private entity indemnifies the other municipality or private entity and its officers, employees, and agents against any liability arising out of the indemnifying municipality's or private entity's negligent or otherwise wrongful conduct. No agreement shall be written or construed to require the state or any state agency to defend or indemnify any other entity.
V. All functions performed under such an agreement are governmental functions, and the parties performing such functions shall be entitled to the same immunities and exemptions provided in RSA 21-P:41.
Source.
2010, 159:1, eff. Aug. 16, 2010.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 53-A - Agreements Between Government Units › Section 53-A:4 - Filing of Agreement.

53-A:4 Filing of Agreement. –
Prior to its entry into force, an agreement made pursuant to this chapter shall be filed with the clerk of each municipality and with the secretary of state. An action shall be maintainable against any public agency whose default, failure of performance, or other conduct caused or contributed to the incurring of damage or liability by the other public agencies jointly.
Source.
1963, 275:14. 1977, 238:1, eff. Aug. 19, 1977.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 53-A - Agreements Between Government Units › Section 53-A:5 - Approval by State Officers.

53-A:5 Approval by State Officers. –
In the event that an agreement made pursuant to this chapter shall deal in whole or in part with the provision of services or facilities with regard to which an officer or agency of the state government has constitutional or statutory powers of control, the agreement shall, as a condition precedent to its entry into force, be submitted to the state officer or agency having such power of control and shall be approved or disapproved by him or it as to all matters within his or its jurisdiction in the same manner and subject to the same requirements governing the action of the attorney general pursuant to RSA 53-A:3, V. This requirement of submission and approval shall be in addition to and not in substitution for the requirement of submission to and approval by the attorney general.
Source.
1977, 238:1, eff. Aug. 19, 1977.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 53-A - Agreements Between Government Units › Section 53-A:6 - Funds Issuance of Bonds or Notes.

53-A:6 Funds Issuance of Bonds or Notes. –
I. The respective counties, towns, cities and other governmental units involved in any agreements as set forth in this chapter are hereby authorized to appropriate the funds necessary to carry out their contractual obligations thus incurred. In cases involving the expenditure of capital funds they are authorized to borrow such funds under the terms of the municipal finance act, RSA 33, as amended, and to issue bonds in accordance with the provisions of such act or to set up a capital reserve fund for such purposes under the provisions of RSA chapters 34 or 35.
II. Any 2 or more public agencies participating in such an agreement may jointly issue bonds or notes under RSA 33 for any purpose for which they may be issued under that chapter.
(a) Any agreement entered into under RSA 53-A:3 shall specify each participating public agency's proportionate share of the debt represented by any jointly issued bond or note.
(b) Each public agency participating in the joint issuance of a bond or note shall comply separately with the requirements of RSA 33:8 through 33:10 applicable to that public agency, and the bond or note shall not be issued until authorized by each participating public agency as provided in the applicable section or sections.
(c) Each participating public agency's proportionate share of the debt represented by the bond or note shall be counted toward its debt limit under RSA 33:4 or 33:4-a unless excluded by other provisions of RSA 33.
(d) All other applicable provisions of RSA 33 shall apply to the participating public agencies jointly as if the bond or note were issued by a single political subdivision.
Source.
1977, 238:1, eff. Aug. 19, 1977. 2019, 231:1, eff. Sept. 10, 2019.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 53-A - Agreements Between Government Units › Section 53-A:7 - Former Districts Unaffected.

53-A:7 Former Districts Unaffected. –
In municipalities which acted under the prior law, the agreement formed remains effective so far as it conforms with the chapter and may be continued accordingly without requiring review or approval by the attorney general.
Source.
1977, 238:1, eff. Aug. 19, 1977.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 53-A - Agreements Between Government Units › Section 53-A:8 - Severability.

53-A:8 Severability. –
If any portion of this chapter shall be held to be invalid, such decision shall not affect the validity of the remaining portions of this chapter.
Source.
1977, 238:1, eff. Aug. 19, 1977.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 53-B - Solid Waste Management Districts › Section 53-B:1 - Repealed by 1994, 367:17, I, eff. Aug. 8, 1994.

53-B:1 Repealed by 1994, 367:17, I, eff. Aug. 8, 1994. –
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 53-B - Solid Waste Management Districts › Section 53-B:1-a - Purpose.

53-B:1-a Purpose. –
A solid waste management district shall be a means by which municipalities may join together by formal agreement under this chapter to create a separate authority for the management of solid waste. A district may be established for the purposes of providing one or more solid waste facilities, closing any existing facilities, or creating a system of solid waste management within the district.
Source.
1994, 367:2, eff. Aug. 8, 1994.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 53-B - Solid Waste Management Districts › Section 53-B:2 - Definitions.

53-B:2 Definitions. –
In this chapter:
I. "District" means a solid waste management district established under this chapter.
II. "Facility" means a location, system or physical structure for the collection, separation, storage, transportation, processing, treatment, or disposal of solid waste.
III. "Governing body" means "governing body" as defined in RSA 21:48.
IV. "Legislative body" means "legislative body" as defined in RSA 21:47.
V. "Long-term contract" means a contract for solid waste management services for a term of 5 or more years between a district and an owner or operator of a solid waste management facility, unless the district agreement adopted by member municipalities stipulates a different term.
VI. "Municipality" means any city, town, unincorporated town or unorganized place.
VII. "Person" means any individual, partnership, company, corporation, firm, governmental unit or agency, or any other legal entity.
VIII. "Solid waste" means "solid waste" as defined in RSA 149-M:4, XXIV.
IX. "Solid waste management" or "management" means an activity or any combination of activities relative to the collection, separation, storage, transportation, processing, treatment, or disposal of solid waste.
Source.
1967, 331:1. 1994, 367:3. 1996, 251:7, eff. Aug. 9, 1996.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 53-B - Solid Waste Management Districts › Section 53-B:4 - Repealed by 1994, 367:17, II, eff. Aug. 8, 1994.

53-B:4 Repealed by 1994, 367:17, II, eff. Aug. 8, 1994. –
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 53-B - Solid Waste Management Districts › Section 53-B:5 - Repealed by 1994, 367:17, III, eff. Aug. 8, 1994.

53-B:5 Repealed by 1994, 367:17, III, eff. Aug. 8, 1994. –
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 53-B - Solid Waste Management Districts › Section 53-B:6 - Vote on Establishing District.

53-B:6 Vote on Establishing District. –
I. The governing bodies shall cause the question of accepting any proposed agreement to be presented for determination by vote of the respective legislative bodies. In municipalities that hold town meetings, the proposed agreement shall be voted on, in accordance with proper notice and procedure requirements, at the next annual town meeting or at a special town meeting called for this purpose. Voting at a town meeting may be by printed ballot or official ballot. In all other municipalities, the legislative bodies shall vote on the proposed agreement within 60 days of the governing bodies' receiving the proposed agreement. The question to be voted on shall be: "Shall the (insert name of municipality) accept the provisions of RSA 53-B:1-RSA 53-B:14 providing for the establishment of a solid waste management district, together with the municipalities of _________________ in accordance with the provisions of the proposed agreement filed with the (insert appropriate office for governing body)?" Approval by a legislative body shall be by simple majority unless the agreement waives the 120-day debt rejection period and authority set forth in RSA 53-B:7, VI, in which case approval must be by 2/3 vote. If all of the legislative bodies vote in the affirmative, the proposed solid waste management district shall thereby be established in accordance with the terms of the proposed agreement. Otherwise, the district shall not be established, except as specified in paragraph II.
II. The proposed agreement may contain a provision for the establishment of the district when more than one but not all of the legislative bodies vote in the affirmative. Such provision need not require any additional votes by the legislative bodies in order to establish the district, but it may not include in the district any municipality, the legislative body of which did not approve the proposed agreement.
Source.
1967, 333:1. 1982, 23:1. 1994, 367:5, eff. Aug. 8, 1994. 2013, 117:1, eff. Aug. 24, 2013.