reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 498 - Equity Powers and Proceedings › Section 498:14 - Lien; Personal Property.

498:14 Lien;  Personal Property. –
When a bill is filed under the provisions of RSA 498:8, the plaintiff may cause a certified copy thereof, and of the order issued thereon, to be filed in the office of the secretary of state, and such filing and the service of the bill upon such defendant shall constitute a lien, as against him and others having after-acquired rights, upon the personal estate, property, interest, right or credit to which the bill relates, or which may be discovered by the proceedings, for the performance of any decree or order relative thereto, in favor of the plaintiff against the defendant. The fees payable for filing a lien under this or the succeeding section shall be in accordance with RSA 478:17-g.
Source.
1865, 4088:1. 1866, 4227:2. GS 190:5. GL 209:5. PS 205:9. 1913, 109:1. PL 317:13. RL 371:14. 2001, 102:46, eff. July 1, 2001.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 498 - Equity Powers and Proceedings › Section 498:15 - Lien; Real Estate.

498:15 Lien;  Real Estate. –
In the case of real estate, the lien shall be created by filing the certified copy in the office of the register of deeds of the county in which the real estate is situated.
Source.
1866, 4227:5. GS 190:6. GL 209:6. PS 205:10. 1913, 109:2. PL 317:14. RL 371:15.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 498 - Equity Powers and Proceedings › Section 498:16 - Attachment.

498:16 Attachment. –
The plaintiff in a bill in equity, or the petitionant in a petition for divorce, shall have a writ of attachment or a trustee process, as of right, for the attachment of the goods, estate, money, rights or credits of the defendant or petitionee to secure the performance of any decree or order that may be made in the suit.
Source.
GS 190:7. 1869, 15:1. GL 209:7. 1879, 57:28. PS 205:11. PL 317:15. RL 371:16. 2004, 114:2, eff. May 17, 2004.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 498 - Equity Powers and Proceedings › Section 498:18 - Service and Lien of Attachment.

498:18 Service and Lien of Attachment. –
The officer to whom the writ is directed may attach property thereon as upon writs in civil actions, and such attachment shall constitute a lien upon the property attached to secure the performance of any decree or order that may be made in the suit.
Source.
1866, 4227:4. GS 190:8. GL 209:8. PS 205:13. PL 317:17. RL 371:18.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 498 - Equity Powers and Proceedings › Section 498:19 - Filing Writ of Attachment.

498:19 Filing Writ of Attachment. –
The writ shall be filed in the clerk's office with the papers in the suit, and a memorandum of it shall be entered upon the docket.
Source.
PS 205:14. PL 317:18. RL 371:19.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 498 - Equity Powers and Proceedings › Section 498:20 - Decrees in Attachment Cases.

498:20 Decrees in Attachment Cases. –
If the decree or order requires the performance of any other thing than the payment of money, the court may make necessary orders and issue necessary process to secure or compel the performance of the decree or order by means of the property attached or held by trustee process.
Source.
1866, 4227:4. GS 190:9. GL 209:9. PS 205:15. PL 317:19. RL 371:20.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 498 - Equity Powers and Proceedings › Section 498:21 - Modification or Discharge of Lien.

498:21 Modification or Discharge of Lien. –
Any lien acquired by proceedings in equity may be released, discharged or modified by the court in such manner and upon such terms as justice may require. When any such lien is dissolved or released, by judgment or otherwise, the plaintiff or the plaintiff's attorney, upon request, shall give to the defendant or owner of the property attached one or more discharges thereof, which may be filed or recorded in the office or offices where the lien was filed or recorded. The fees payable for filing or recording such discharges shall be in accordance with RSA 478:17-g.
Source.
1865, 4088:2. 1866, 4227:3. GS 190:10. GL 209:10. PS 205:16. PL 317:20. RL 371:21. RSA 498:21. 1967, 132:23. 2001, 102:47, eff. July 1, 2001.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 498-A - Eminent Domain Procedure Act › Section 498-A:1 - Intent of Chapter.

498-A:1 Intent of Chapter. –
I. It is the intent by the enactment of this chapter to provide a complete and exclusive procedure to govern all condemnations of property for public uses including the review of necessity, public uses, and net-public benefit, and the assessment of damages therefor. It is not intended to enlarge or diminish the power of condemnation given by law to any condemnor and it is not intended to enlarge or diminish the rights given by law to any condemnee to challenge the necessity, public uses, and net-public benefit for any condemnation.
II. Notwithstanding any other provision of law to the contrary, no person's private real property shall be taken pursuant to this chapter unless that real property is to be put to public use, as defined in RSA 498-A:2, VII.
Source.
1971, 526:1. 1973, 256:1. 1995, 194:2. 2006, 324:10, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 498-A - Eminent Domain Procedure Act › Section 498-A:2 - Definitions.

498-A:2 Definitions. –
The following words, when used in this chapter, unless the context clearly indicates otherwise, shall have the meanings ascribed to them in this section:
I. "Condemn" means to take public and private property by authority of law for a public use;
II. "Condemnee" means the owner of record of property taken or to be taken, including tenants for life or years, remaindermen, reversioners, and holders of undischarged mortgages of record whose mortgages are dated not earlier than 20 years prior to the date of the filing of declaration of taking, municipalities with respect to unpaid taxes, fees and interest for which the municipality has been granted a lien or other interest in the property under the provisions of RSA 80, and guardians ad litem appointed pursuant to the provisions of this chapter. This definition does not include judgment creditors or other lien holders;
III. "Condemnor" means the entity, including the state of New Hampshire, taking property of another under authority of law for a public use;
IV. "Court" means the superior court of the state of New Hampshire;
V. "Property" shall include lands, tenements and hereditaments and all rights thereto and interests therein;
VI. "Board" shall mean the board of tax and land appeals established under RSA 71-B:1.
VII. "Public use" means:
(a) (1) The possession, occupation, and enjoyment of real property by the general public or governmental entities;
(2) The acquisition of any interest in real property necessary to the function of a public or private utility or common carrier either through deed of sale or lease;
(3) The acquisition of real property to remove structures beyond repair, public nuisances, structures unfit for human habitation or use, and abandoned property when such structures or property constitute a menace to health and safety; and
(4) Private use that occupies an incidental area within a public use; provided, that no real property may be condemned solely for the purpose of facilitating such incidental private use.
(b) Except as provided in subparagraphs (a)(2) and (4) of this paragraph, public use shall not include the public benefits resulting from private economic development and private commercial enterprise, including increased tax revenues and increased employment opportunities.
Source.
1971, 526:1. 1977, 363:1, 2. 1982, 42:78. 1991, 241:1. 2006, 324:11, 24, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 498-A - Eminent Domain Procedure Act › Section 498-A:3 - Jurisdiction.

498-A:3 Jurisdiction. –
All condemnation proceedings other than by municipalities acting under RSA 38 or public utilities shall be brought in the office of the board.
Source.
1971, 526:1. 1981, 493:3. 1981S, 3:2. 1982, 42:79. 1989, 124:4. 1990, 70:3, eff. Jan. 30, 1991.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 498-A - Eminent Domain Procedure Act › Section 498-A:5 - Condemnation; Passage of Title; Declaration of Taking.

498-A:5 Condemnation;  Passage of Title;  Declaration of Taking. –
I. Condemnation, under the power of condemnation given by law to a condemnor, which shall not be enlarged or diminished hereby, shall be effected only by the filing in the board of a declaration of taking, with sufficient copies for giving notice as required by RSA 498-A:8. The declaration shall be considered filed after receipt by the board and review by the board for compliance with paragraph II. If the board finds the declaration of taking is not compliant with paragraph II, the board may direct the filing of a more specific declaration of taking. After the giving of any bond and security as may be required under RSA 498-A:6, the title which the condemnor seeks in the property condemned shall pass to the condemnor on the date of such filing, and the condemnor shall be entitled to possession as provided in RSA 498-A:11. A declaration may include more than one parcel and multiple condemnees so long as the identity of the property taken of each condemnee and the nature of their interests are readily ascertainable.
II. The declaration of taking shall be in writing and executed by the condemnor, shall be captioned as a proceeding in rem and shall contain the following:
(a) The name and address of the condemnor;
(b) The name and address of each condemnee and the nature of each condemnee's interest;
(c) A specific reference to the statute, chapter and section thereof, under which the condemnation is authorized;
(d) A specific reference to the action, whether by ordinance, resolution or otherwise, by which the declaration of taking was authorized, including the date when such action was taken, and the place where the record thereof may be examined;
(e) A brief description of the purpose of the condemnation, the need therefor, and the public use to which the real property will be put;
(f) A description and plan of the property taken sufficient for the identification thereof, specifying the town, city and county wherein the property taken is located; and
(g) A statement of the nature of the property being taken.
III. The declaration of taking may be amended by order of the board, upon agreement of the parties, or upon appropriate motion filed by the condemnor. Such amendments shall be permitted for the purpose of correcting errors and omissions which may exist in the declaration of taking, but shall not be permitted for the purpose of increasing or decreasing the physical extent of the taking or the nature of the property taken.
Source.
1971, 526:1. 1973, 256:9, 10. 1977, 363:9, 10. 1981, 493:5, 6. 1982, 42:79. 2005, 171:2. 2006, 324:12, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 498-A - Eminent Domain Procedure Act › Section 498-A:6 - Security.

498-A:6 Security. –
The board, upon motion of the condemnee, may require the condemnor to give such bond and security as the board deems proper; provided that such bond and security shall not be required when the state of New Hampshire is the condemnor.
Source.
1971, 526:1. 1973, 256:7. 1981, 493:7, eff. June 29, 1981.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 498-A - Eminent Domain Procedure Act › Section 498-A:7 - Recording Notice of Condemnation.

498-A:7 Recording Notice of Condemnation. –
I. The condemnor, upon filing its declaration of taking, shall, within 48 hours thereof, record a notice of such filing in the office of the registry of deeds of the county in which the property is located. If the property is located in 2 or more counties, the notice shall be recorded in all such counties. The notice shall specify the date the declaration was filed, and shall contain the names of the condemnees, a description of the property taken in a form suitable for use in a deed, including sources of title, if ascertainable, and a plan of the property condemned sufficient for the identification thereof, and shall be indexed at such registry showing the condemnee set forth in the notice as though a grantor and the condemnor as though a grantee.
II. Whenever an amendment of the declaration of taking is made pursuant to RSA 498-A:5, III, an amended notice of condemnation shall be filed in the registry of deeds in which the original notice was filed pursuant to paragraph I. Such amended notice of condemnation shall be designated as such and shall conform to the requirements for a notice of condemnation set forth in paragraph I and, in addition, shall contain a reference by book and page to the original notice of condemnation.
Source.
1971, 526:1. 1977, 363:11. 1981, 493:8, eff. June 29, 1981.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 498-A - Eminent Domain Procedure Act › Section 498-A:8 - Notice to the Condemnee.

498-A:8 Notice to the Condemnee. –
I. The clerk of the board shall forthwith issue an order of notice to each of the condemnees in the same manner as in the case of a petition in equity with a return date not less than 14 days from the date of filing the declaration of taking.
II. Such order of notice shall be served within or without the state of New Hampshire by any competent adult, in the same manner as service of process is served in this jurisdiction, or by certified or registered mail to the last known address of the condemnee. If service cannot be made in the manner provided, then service shall be made by posting a copy of the notice upon the most public part of the property and by publication of a copy of the notice one time in a newspaper of general circulation published in the county.
Source.
1971, 526:1. 1981, 493:9. 1982, 42:79, eff. Dec. 31, 1982.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 498-A - Eminent Domain Procedure Act › Section 498-A:9-a - Preliminary Objections.

498-A:9-a Preliminary Objections. –
I. Within 30 days after the return day, any condemnee may file a motion in the office of the board raising preliminary objections to the declaration of taking. The board upon cause shown may extend the time for filing preliminary objection. Preliminary objection shall be limited to and shall be the exclusive method of challenging:
(a) The sufficiency of the security;
(b) Any other procedure followed by the condemnor; or
(c) The necessity, public use, and net-public benefit of the taking.
II. Failure to raise any matters by preliminary objection shall constitute a waiver thereof.
III. Preliminary objection shall state specifically the grounds relied upon.
IV. All preliminary objections shall be raised at one time and in one pleading. They may be inconsistent.
V. The board shall determine promptly all preliminary objections and make such preliminary and final orders and decrees as justice shall require. If preliminary objections are finally sustained, which have the effect of finally terminating the condemnation, the condemnee shall be entitled to damages, including costs and expenses, to be determined by the board in the manner prescribed in RSA 498-A:24. The board may allow amendment or direct the filing of a more specific declaration of taking.
Source.
1981, 493:10. 1982, 42:79. 1995, 194:3. 2006, 324:13, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 498-A - Eminent Domain Procedure Act › Section 498-A:9-b - Determination of Preliminary Objections Based on Necessity, Public Use, and Net-Public Benefit.

498-A:9-b Determination of Preliminary Objections Based on Necessity, Public Use, and Net-Public Benefit. –
I. If a condemnee files a preliminary objection under RSA 498-A:9-a, I(c) concerning necessity, public use, or net-public benefit, the board shall transfer that preliminary objection to the superior court of the county in which the property is located. There shall be no filing fee for such transfer.
II. Upon receipt of the transfer from the board, the superior court shall require a response from the condemnor and may conduct an evidentiary hearing before it rules on the preliminary objection. Parties may appeal the superior court's decision to the supreme court. Once the decision is final and nonappealable, the superior court shall send to the board a copy of its decision.
III. If the superior court denies the condemnee's preliminary objection, the board shall then proceed under RSA 498-A:25 to determine the amount of just compensation.
IV. If the superior court grants the preliminary objection, the board shall determine the damages, if any, in accordance with RSA 498-A:9-a, V and then dismiss the declaration of taking and record such dismissal order in the registry of deeds.
Source.
1995, 194:4. 2006, 324:14, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 498-A - Eminent Domain Procedure Act › Section 498-A:10 - Right to Enter Property Prior to Condemnation.

498-A:10 Right to Enter Property Prior to Condemnation. –
Prior to the time of filing the declaration of taking, the condemnor or its employees or agents shall have the right to enter upon any land or improvement which it has the power to condemn, in order to make studies, surveys, tests, soundings, and appraisals; provided, however, that the condemnee has been notified 10 days prior to entry on the property. Such entry and related activities shall not constitute a trespass, but the condemnor shall be liable for any actual damages caused thereby. This liability may be enforced in a civil action against the condemnor brought in the superior court in the county in which the property is located, with damages to be assessed by the board in the manner provided in RSA 498-A:24.
Source.
1971, 526:1. 1977, 363:12. 1982, 42:79. 1983, 297:4, eff. Aug. 17, 1983.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 498-A - Eminent Domain Procedure Act › Section 498-A:11 - Possession; Entry and Payment of Compensation.

498-A:11 Possession;  Entry and Payment of Compensation. –
I. The condemnor, after the filing of the declaration of taking, shall be entitled to possession or right of entry upon deposit with the board of the amount of just compensation as estimated by the condemnor, and interest shall not accrue thereafter on such sum, but shall only accrue on the amount of final award or judgment in excess thereof. The clerk of the board shall pay over the sum deposited upon demand to the condemnee. Whenever the board is satisfied that any person, whether holding under the owner or not, is preventing or obstructing the condemnor from entering upon or taking possession of the property after the condemnor is entitled to do so, it may grant such rights as it may think necessary or may proceed for contempt.
II. If within 60 days from the filing of the declaration of taking the condemnor has not deposited just compensation as provided in paragraph I, the board, upon petition of the condemnee, may compel the condemnor to file a declaration of estimated just compensation or, if the condemnor fails or refuses to file such declaration, may, at the cost of the condemnor, appoint an impartial expert appraiser to estimate such just compensation. The board may, after hearing, order the deposit of the amount of the estimated just compensation.
III. A condemnee who withdraws the sum deposited under either paragraph I or paragraph II shall be deemed to have waived all objections and defenses to the action and to the taking of his property except for any claim to greater compensation.
IV. Any amount deposited or withdrawn under this section is not admissible in evidence and shall not be referred to in any proceeding for the determination of just compensation.
Source.
1971, 526:1. 1973, 256:9. 1981, 493:11. 1982, 42:79. 1983, 297:5, eff. Aug. 17, 1983.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 498-A - Eminent Domain Procedure Act › Section 498-A:12 - Abandonment of Project.

498-A:12 Abandonment of Project. –
I. If a condemnor has condemned a fee and thereafter abandons the purpose for which the property has been condemned, the condemnor may dispose of it by sale or otherwise; provided, however, that if the property has not been substantially improved, it may not be disposed of within 10 years of condemnation without first being offered to the condemnee, his heirs and assigns at the same price paid to the condemnee by the condemnor. The condemnee, his heirs and assigns shall be served with notice of the offer in the same manner as prescribed for the service of notices in RSA 498-A:4, and shall have 90 days after receipt of such notice to make the written acceptance thereof.
II. If a condemnor has acquired a fee and thereafter abandons the property, after the purpose is served for which the property was acquired, or abandons the property for any reason within 10 years of acquisition, the property may not be disposed of without first being offered to the landowner, his heirs and assigns at a price equal to the current appraised value of the property including any improvements made thereon. The landowner, his heirs and assigns shall be served notice pursuant to RSA 498-A:12, I. This provision shall not apply to those properties purchased as early or total acquisitions at the landowner's request.
Source.
1971, 526:1. 1988, 42:1. 2003, 211:2, eff. July 1, 2003.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 498-A - Eminent Domain Procedure Act › Section 498-A:15 - Clerk; Staff.

498-A:15 Clerk;  Staff. –
The board shall have a clerk who shall be appointed by the board and who shall be a classified state employee. In the exercise of the authority and performance of the duties prescribed by law, the board shall have the authority, within the limits of the appropriation for such purposes, to employ such other staff as it shall deem necessary.
Source.
1971, 526:1. 1977, 600:64. 1982, 42:79, eff. Dec. 31, 1982.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 498-A - Eminent Domain Procedure Act › Section 498-A:16 - Offices; Hearings.

498-A:16 Offices;  Hearings. –
The board shall be provided with suitable office space in Concord, together with such furnishings and office equipment as shall be necessary for the administration of its business. All hearings before the board shall be open to the public, and each hearing shall be held in the county in which the declaration has been filed unless the parties agree to a hearing elsewhere. To the extent of available space, hearings shall be conducted in the respective county courthouse; otherwise, they shall be held in such place or places, accessible to the public, as the board shall direct.
Source.
1971, 526:1. 1982, 42:79, eff. Dec. 31, 1982.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 498-A - Eminent Domain Procedure Act › Section 498-A:16-a - Filing Fee.

498-A:16-a Filing Fee. –
The condemnor shall pay a fee of $100 for each condemnation proceeding brought before the board. The filing fees collected under this chapter shall be deposited to the general fund.
Source.
1981, 493:12. 1982, 42:79. 1989, 408:77, eff. Aug. 4, 1989.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 498-A - Eminent Domain Procedure Act › Section 498-A:18 - Powers of Board.

498-A:18 Powers of Board. –
The board and each of its members shall have the power to administer oaths and affirmations, to compel the attendance of witnesses and the production of books and documents, and to adjourn proceedings from time to time.
Source.
1971, 526:1. 1982, 42:79, eff. Dec. 31, 1982.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 498-A - Eminent Domain Procedure Act › Section 498-A:19 - View; Technical Rules Not Controlling; Burden of Proof.

498-A:19 View;  Technical Rules Not Controlling;  Burden of Proof. –
The board in any case may, and at the request of a party shall, take a view of the premises, the subject of a declaration of taking. In any hearing before the board, the board shall not be bound by the technical rules of evidence and may, in its discretion, admit all testimony having reasonable probative value on the issue of just compensation. Issues of fact shall be determined upon the balance of probabilities and the burden of proof shall be upon the condemnor.
Source.
1971, 526:1. 1982, 42:79, eff. Dec. 31, 1982.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 498-A - Eminent Domain Procedure Act › Section 498-A:20 - Record.

498-A:20 Record. –
The board shall cause an accurate record of its hearings to be made.
Source.
1971, 526:1. 1982, 42:79, eff. Dec. 31, 1982.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 498-A - Eminent Domain Procedure Act › Section 498-A:21 - Allocation of Board Expenses.

498-A:21 Allocation of Board Expenses. –
I. The board shall keep an accurate record of its cost of operation, including the salaries and expenses of the board and board personnel, and shall determine the portion thereof attributable to each condemnor having proceedings before the board.
II. Subsequent to any board action, the board shall bill to and collect from each of the condemnors the amount attributable to each, except the department of transportation for proceedings involving land purchases utilizing highway funds.
III. Funds collected pursuant to paragraph II shall be disposed of as follows:
(a) There shall be transferred to the highway fund the sum, if any, remaining after the amount of the board's expenses attributable to proceedings involving land purchases utilizing highway funds is subtracted from the total amount transferred from the highway fund for the use of the board;
(b) Any balance remaining after the transfer provided for in subparagraph (a) above shall be deposited in the general fund.
IV. In the event the expenses of the board attributable to proceedings involving land purchases utilizing highway funds exceed the amount appropriated from highway funds for the expenses of the board, such excess shall be transferred from the highway fund to the general fund and all funds collected pursuant to paragraph II shall be deposited in the general fund.
Source.
1971, 526:1. 1982, 42:79. 1997, 208:17. 2004, 257:34, eff. June 15, 2004.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 498-A - Eminent Domain Procedure Act › Section 498-A:22 - State Agencies.

498-A:22 State Agencies. –
With respect to any state agency, the expenses billed by the state treasurer to the agency may be a charge against the funds appropriated to the agency for the purchase of the parcel or parcels of land involved in the proceedings before the board.
Source.
1971, 526:1. 1982, 42:79, eff. Dec. 31, 1982.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 498-A - Eminent Domain Procedure Act › Section 498-A:23 - Procedure Established; Guardian Ad Litem.

498-A:23 Procedure Established;  Guardian Ad Litem. –
The board, on its own motion, may, or on petition of any party in interest shall, appoint a guardian ad litem to represent the interest of minors, persons under disability, unborn or unascertained parties or parties whose whereabouts are unknown.
Source.
1971, 526:1. 1973, 256:10. 1981, 493:13. 1982, 42:79, eff. Dec. 31, 1982.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 498-A - Eminent Domain Procedure Act › Section 498-A:24 - Board Action.

498-A:24 Board Action. –
Upon receipt of the filing of a declaration of taking, and after any preliminary objections under RSA 498-A:9-a have been concluded, the board shall forthwith fix a time for hearing the parties on the issue of just compensation, and shall give notice thereof to all persons named in the declaration of taking as condemnor and as condemnee, and otherwise as justice may require. Such service shall be made in the manner prescribed in RSA 498-A:4, and shall be given at least 30 days prior to the date set for the hearing. The board may, after notice to all parties, upon its own motion or motion of any party, make such order for consolidation of any of the cases pending before it as justice and convenience requires.
Source.
1971, 526:1. 1981, 493:14. 1982, 42:79. 2005, 171:3, eff. Jan. 1, 2006.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 498-A - Eminent Domain Procedure Act › Section 498-A:25 - Method of Determination.

498-A:25 Method of Determination. –
The board shall proceed to a determination of just compensation and shall hear evidence in that regard offered by the parties. The board shall first determine total compensation to be awarded on account of the taking and, if there is more than one person entitled to compensation, the award shall be apportioned among such persons, to each his proportionate share of the total compensation so found. The board may use its staff appraisers in evaluating a case before it.
Source.
1971, 526:1. 1982, 42:79. 2003, 63:2, eff. Jan. 1, 2004.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 498-A - Eminent Domain Procedure Act › Section 498-A:26 - Report of Board.

498-A:26 Report of Board. –
I. Upon the conclusion of its deliberations, the board shall promptly file its report and send a copy thereof to each party or to their attorneys of record.
II. The report shall include:
(a) A statement of the case;
(b) The nature of the property taken;
(c) A schedule of special benefits, if any, found;
(d) The value of the property before and after the taking, if different, and the amount of damages;
(e) A schedule of damages awarded and the portion thereof payable to each condemnee;
(f) Findings of fact;
(g) A response to any requests for rulings of law that have been submitted by any interested parties; and
(h) Such other matters as the board shall deem relevant.
Source.
1971, 526:1. 1977, 363:13. 1981, 493:15. 1982, 42:79. 1983, 297:6. 2003, 63:3, eff. Jan. 1, 2004.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 498-A - Eminent Domain Procedure Act › Section 498-A:26-a - Awarding of Costs to Prevailing Party.

498-A:26-a Awarding of Costs to Prevailing Party. –
If neither the condemnor nor the condemnee appeals from the award of the board as provided in RSA 498-A:27, the board shall award costs to the prevailing party.
Source.
1975, 331:1. 1981, 493:16. 1982, 42:79, eff. Dec. 31, 1982.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 498-A - Eminent Domain Procedure Act › Section 498-A:26-b - Attorney's Fees.

498-A:26-b Attorney's Fees. –
If the condemnee is the prevailing party solely on the issue of public use, he or she shall be entitled to reasonable attorney's fees.
Source.
2006, 324:15, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 498-A - Eminent Domain Procedure Act › Section 498-A:27 - Appeal on Damages.

498-A:27 Appeal on Damages. –
Any party, condemnee or condemnor aggrieved by the amount of compensation awarded by the board may, within 20 days after the filing of the report of the board, and not afterwards (unless for good cause shown the superior court extends such time), file in the superior court a petition to have the damages reassessed, and the court shall assess the damages by jury, or by trial without jury if jury trial is waived, and award costs to the prevailing party. The trial in such case shall be de novo. If the sum of estimated just compensation paid to the condemnee pursuant to RSA 498-A:11 exceeds the amount of final judgment, the court shall enter judgment against the condemnee for the amount so paid to him in excess of final judgment.
Source.
1971, 526:1. 1973, 256:11. 1982, 42:79, eff. Dec. 31, 1982.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 498-A - Eminent Domain Procedure Act › Section 498-A:28 - Review.

498-A:28 Review. –
There shall be a right of review in every condemnation cause from the final judgment of the superior court to the supreme court in the manner provided for review of any other final judgment of the superior court.
Source.
1971, 526:1, eff. July 1, 1971.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 498-A - Eminent Domain Procedure Act › Section 498-A:30 - Effective Date.

498-A:30 Effective Date. –
This chapter shall apply to all condemnation proceedings commenced on and after January 1, 1972.
Source.
1971, 526:1, eff. Jan. 1, 1972.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 498-A - Eminent Domain Procedure Act › Section 498-A:31 - Compensation of Guardian Ad Litem.

498-A:31 Compensation of Guardian Ad Litem. –
A guardian ad litem appointed pursuant to RSA 498-A:4, III(a) shall be an attorney at law who shall be entitled to reasonable fees for services rendered as guardian ad litem. Upon approval by the board, said fees shall be paid by the condemnor.
Source.
1977, 363:14. 1981, 493:17. 1982, 42:79, eff. Dec. 31, 1982.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 499 - Clerks of Court › Section 499:1 - Appointment.

499:1 Appointment. –
The justices of the superior court shall appoint a clerk for each county; except that for Hillsborough county a clerk may be appointed for the court facility in Manchester serving the northern district of Hillsborough county and a clerk may be appointed for the court facility in Nashua serving the southern district of Hillsborough county. Any clerk may be removed at the pleasure of the court in accordance with personnel rules established by the supreme court.
Source.
RS 174:1. CS 183:1. 1855, 1659:21. GS 193:1. GL 212:1. PS 208:1. PL 320:1. RL 374:1. RSA 499:1. 1983, 383:69. 1991, 147:1, eff. Jan. 1, 1992.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 499 - Clerks of Court › Section 499:4 - Care of Records.

499:4 Care of Records. –
The clerk shall keep all books, records, files and papers belonging to his office in a safe location when not in use, where they will be protected from fire, theft, water and the elements.
Source.
GS 22:9. GL 23:15. PS 208:4. PL 320:4. RL 374:4. RSA 499:4. 1981, 257:1, eff. Aug. 14, 1981.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 499 - Clerks of Court › Section 499:4-a - Destruction of Records.

499:4-a Destruction of Records. –
The superior court shall establish, subject to the approval of the supreme court, retention and destruction schedules for original files, papers and records in cases and matters disposed of by the court. The superior court shall be responsible for the implementation of the schedules and for directing that any files having the potential for historical significance shall be preserved or transferred to any public historical society or corporation organized for the preservation of historical documents. The schedule may provide for original records to be sent to the records center established under RSA 5.
Source.
1967, 107:1. 1992, 284:26, eff. Jan. 1, 1993.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 499 - Clerks of Court › Section 499:4-b - Placement of Original Records.

499:4-b Placement of Original Records. –
If the superior court so determines, original files, papers and records in cases finally disposed of may be sent to the records and archives center established under RSA 8-B.
Source.
1969, 330:1, eff. Aug. 29, 1969.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 499 - Clerks of Court › Section 499:9 - Executions for Fines, Etc.

499:9 Executions for Fines, Etc. –
At or before the close of each term of the court, the clerk shall deliver to the sheriff proper executions, warrants or other processes for the collection of fines, costs or other money accruing to the state during the term, and transmit a list thereof to the supreme court.
Source.
RS 174:4. CS 183:4. GS 193:7. GL 212:7. PS 208:9. PL 320:9. RL 374:9. RSA 499:9. 1983, 383:23, eff. Jan. 1, 1984.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 499 - Clerks of Court › Section 499:10 - Neglect to Issue.

499:10 Neglect to Issue. –
Any clerk who neglects to deliver to the sheriff any such execution, warrant or other process, or to transmit such list to the supreme court, shall be guilty of a violation for each neglect.
Source.
RS 174:4. CS 183:4. GS 193:8. GL 212:8. PS 208:10. PL 320:10. RL 374:10. RSA 499:10. 1973, 531:147. 1983, 383:24, eff. Jan. 1, 1984.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 499 - Clerks of Court › Section 499:10-a - Notice to Health Care Regulatory Boards.

499:10-a Notice to Health Care Regulatory Boards. –
Every clerk of the superior court shall, upon the felony conviction of any person licensed or registered as a health care provider in the state of New Hampshire, notify the appropriate health care regulatory board of such conviction. The clerk's duty under this section shall be limited to those instances where the clerk reasonably believes or knows that the person is a licensed health care provider.
Source.
1998, 125:1. 2003, 68:1, eff. July 26, 2003.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 499 - Clerks of Court › Section 499:11 - Deposited Records.

499:11 Deposited Records. –
All records, files and papers required to be deposited in the office of the clerk by any law shall be and remain records, files and papers of the office, unless otherwise provided, and the clerk shall be the proper officer to attest copies thereof.
Source.
RS 174:5. CS 183:5. GS 193:9. GL 212:9. PS 208:12. PL 320:11. RL 374:11.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 499 - Clerks of Court › Section 499:12 - Allowances for Services.

499:12 Allowances for Services. –
The court, acting as a body, may make such allowance as it thinks proper to the clerks of the several counties in full for services by them rendered for which no fees are established by law.
Source.
GS 193:10. GL 212:10. PS 208:13. PL 320:12. RL 374:12. 1951, 221:8, eff. Aug. 15, 1951.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 499 - Clerks of Court › Section 499:13 - Appointment.

499:13 Appointment. –
A clerk of court may appoint one or more deputies with the approval of the superior court to perform the duties of his office while the clerk is absent or unable from any cause to act. The deputies so appointed shall hold office during the incumbency or pleasure of the clerk.
Source.
1911, 124:1. PL 320:13. RL 374:13. 1949, 96:1. RSA 499:13. 1957, 307:1, eff. Aug. 2, 1957.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 499 - Clerks of Court › Section 499:14 - Form of Appointment.

499:14 Form of Appointment. –
Appointment of a deputy shall be in writing and shall be approved by the justices of the court.
Source.
1911, 124:1. PL 320:14. RL 374:14. 1949, 96:2. RSA 499:14. 1983, 383:25, eff. Jan. 1, 1984.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 499 - Clerks of Court › Section 499:16 - Clerk's Liability.

499:16 Clerk's Liability. –
The clerk shall be responsible for any neglect or official misconduct of his deputy, and shall pay all charges for his services.
Source.
1911, 124:1. PL 320:15. RL 374:15.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 499 - Clerks of Court › Section 499:18 - Superior Court Fees.

499:18 Superior Court Fees. –
I. Fees as established by the supreme court under RSA 490:26-a shall be paid to the clerk of the superior court for the benefit of the state.
II. Fees as established by the supreme court under RSA 490:26-a shall be paid to the clerk of the applicable circuit court established in RSA 490-F for the benefit of the state. The clerk shall set aside 6 percent of each entry fee paid into the court for deposit into a special escrow account established under RSA 490:26-c and 30 percent of each entry fee paid into the court for deposit into the judicial branch information technology fund established under RSA 490:26-h. The proceeds of fees for motions to appear in court pro hac vice shall be paid into the law library revolving fund established in RSA 490:25, III.
Source.
RS 229:4. CS 245:4. GS 272:4. GL 290:4. 1879, 9:1. PS 287:4. PL 320:17. RL 374:17. 1953, 94:7. RSA 499:18. 1963, 219:1. 1969, 101:1. 1975, 477:1. 1979, 483:2. 1981, 328:2; 562:4. 1983, 383:26. 2007, 234:5. 2009, 144:297, eff. July 1, 2009. 2013, 88:4, eff. July 1, 2013.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 499 - Clerks of Court › Section 499:18-b - Waiver of Court Costs and Fees.

499:18-b Waiver of Court Costs and Fees. –
Except as otherwise specifically provided by the rules of the court, any person, by reason of poverty, may seek relief from the payment of any fees provided by law which are payable to any court, clerk of court, or sheriff. The court, upon the application of such person, which application may be filed without fee, may, in its discretion, order the payment of such fees waived. In any case in which a person is represented by a legal aid society, a federally funded legal services project, or counsel assigned in accordance with the rules of the court, all filing costs shall be waived by the clerk without the necessity of a court order. Fees for the service of process by sheriffs shall be a charge against the state.
Source.
1971, 340:1. 1983, 383:27. 1985, 241:6, eff. Jan. 1, 1986.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 500-A - Jurors › Section 500-A:1 - Definitions.

500-A:1 Definitions. –
In this chapter:
I. "Clerk" means the clerk of the superior court in each county or judicial district or any of his deputies.
II. "Court" means the superior court and regional jury trial courts.
III. "Department" means the New Hampshire department of safety.
IV. "Master jury list" means the list blended and compiled from the voter lists, which shall be provided by the secretary of state pursuant to RSA 654:45, VI on encrypted removable media, and from the official record of persons 18 years of age or older who hold a current New Hampshire driver's license or a department of safety identification card, which shall be provided by the department. Information contained in the master jury list shall be private and confidential and shall not be subject to RSA 91-A.
V. "Office" means the administrative office of the courts.
VI. "Voter lists" means the official record of persons registered to vote in the most recent state general election and town lists, which are the combined and alphabetically arranged lists prepared by the selectmen and city wards for their respective jurisdictions made up of all adults listed on the voter registration lists, and provided to the office by the selectmen and city wards.
Source.
1971, 456:10. 1981, 527:2. 1992, 38:1. 1995, 277:13. 1998, 237:1, 2, eff. Jan. 1, 1999. 2013, 261:1, eff. July 1, 2013.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 500-A - Jurors › Section 500-A:2 - Preparation of Master Jury List.

500-A:2 Preparation of Master Jury List. –
The office shall annually provide to the clerk of court a master jury list for each county or judicial district thereof. A duplicate list shall be retained by the office. Voter lists and department of safety lists, as well as the master jury list, are confidential documents to be used by the office and the respective trial courts only for purposes of jury selection. Voter lists shall contain only the names and addresses of persons listed; additional information, such as date of birth, shall be available to the office only for the purpose of resolving discrepancies in the master jury list.
Source.
1971, 456:10. 1977, 473:3. 1981, 527:2. 1992, 38:2. 1993, 190:2. 1998, 237:3, eff. Jan. 1, 1999. 2013, 261:2, eff. July 1, 2013.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 500-A - Jurors › Section 500-A:4 - Prohibition of Discrimination.

500-A:4 Prohibition of Discrimination. –
A citizen of this state shall not be excluded from jury service on account of race, color, religion, sex, gender identity, national origin or economic status.
Source.
1971, 456:10. 1981, 527:2, eff. Aug. 28, 1981. 2019, 332:21, eff. Oct. 15, 2019.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 500-A - Jurors › Section 500-A:5 - Eligibility for Jury Service.

500-A:5 Eligibility for Jury Service. –
Eligibility shall be determined by rule of court.
Source.
1971, 456:10. 1977, 473:1. 1981, 527:2, eff. Aug. 28, 1981.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 500-A - Jurors › Section 500-A:6 - Juror Qualification Form.

500-A:6 Juror Qualification Form. –
I. When required to do so, the clerk shall draw from the master jury list the names or identifying numbers of as many prospective jurors as is necessary to create a sufficient jury pool. The names or identifying numbers of prospective jurors may be chosen either by random drawing or by computer on a random basis. The clerk shall prepare an alphabetical list of the names drawn. The names drawn on the list may be disclosed only to persons authorized to see the list under this chapter or upon specific order of the court. The addresses of jurors shall not be disclosed, except to counsel, to a pro se party examining juror qualification forms, or otherwise in accordance with court rule.
II. The clerk shall make available to every prospective juror whose name is drawn from the master list a juror qualification form, accompanied by instructions to complete and submit the form to the clerk within 10 days after its receipt.
III. The court shall prepare the juror qualification form. The juror qualification form shall:
(a) Include the name, address, and age of the prospective juror;
(b) Require the prospective juror to specify if he or she is:
(1) A citizen of the United States and a resident of the county;
(2) Able to read, speak, and understand the English language;
(3) Subject to any physical or mental disability which would impair the prospective juror's capacity to render satisfactory jury service; or
(4) A convicted felon whose conviction has not been annulled or whose conviction is not eligible for annulment under New Hampshire law; and
(c) Contain the prospective juror's declaration that his or her responses are true to the best of his or her knowledge and his or her acknowledgment that a willful misrepresentation of a material fact may be punishable as a misdemeanor under the laws of this state.
IV. Notarization of the juror qualification form shall not be required.
V. If the prospective juror is unable to complete the form, another person may do it for him or her. If another person completes the form, such person shall indicate that he or she has done so and why.
VI. If it appears there is an omission, ambiguity, or error in a submitted form, the clerk shall return the form to the prospective juror with instructions to make the necessary addition, clarification, or correction and resubmit the form to the clerk within 10 days after receipt of these instructions.
Source.
1971, 456:10. 1981, 527:2. 1992, 38:3. 1998, 237:4, 6. 2009, 244:1, eff. July 16, 2009. 2013, 261:3, eff. July 1, 2013.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 500-A - Jurors › Section 500-A:7 - Failure to Submit a Juror Qualification Form; Questioning by the Clerk or Court.

500-A:7 Failure to Submit a Juror Qualification Form;  Questioning by the Clerk or Court. –
I. Any prospective juror who does not submit a completed juror qualification form as instructed shall be directed by the clerk to appear at the court to complete the juror qualification form.
II. At the time of his or her appearance for jury service, or at the time of any interview before the court or clerk, a prospective juror may be required to complete another juror qualification form in the presence of the court or clerk. The prospective juror may then be questioned, but only with regard to his or her responses to questions contained on the form and grounds for his or her excuse for disqualification. Any information acquired by the court or clerk at such time shall be noted on the juror qualification form.
Source.
1971, 456:10. 1981, 527:2, eff. Aug. 28, 1981. 2013, 261:4, eff. July 1, 2013.