New Hampshire HB 1543: relative to the transfer of state-owned real property to municipalities.

Bill Text

HB 1543-FN - AS INTRODUCED

2026 SESSION

 26-2784

 04/09

HOUSE BILL 1543-FN

AN ACT relative to the transfer of state-owned real property to municipalities. 

SPONSORS: Rep. Miles, Hills. 12; Rep. Chourasia, Hills. 11; Rep. Daniels, Hills. 43; Rep. Giasson, Hills. 29; Rep. Notter, Hills. 12; Rep. L. Walsh, Rock. 15; Rep. Presa, Hills. 12; Rep. Cole, Hills. 26; Sen. McGough, Dist 11; Sen. Pearl, Dist 17

COMMITTEE: Public Works and Highways

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ANALYSIS

 This bill restructures the process for disposing of or reclassifying highway-funded real estate by updating procedural steps, municipal notice requirements, and rehabilitation obligations.

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Explanation: Matter added to current law appears in bold italics.

 Matter removed from current law appears [in brackets and struckthrough.]

 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

 26-2784

 04/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT relative to the transfer of state-owned real property to municipalities. 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 1 Disposal of Highway, Federal, or Turnpike Funded Real Estate. Amend RSA 4:39-c to read as follows: 

 4:39-c Disposal of Highway, Federal, or Turnpike Funded Real Estate. 

 I. Upon recommendation of the commissioner of the department of transportation to dispose of or lease property purchased with state or federal highway funds or both, or turnpike funds, the request for disposal or leasing shall be reviewed and approved by the long range capital planning and utilization committee before submission to the governor and council for approval. Upon determination that the property is no longer needed by the state, the governor and council shall first offer it to the government of the town, city, or county in which the property is located. If the town, city, or county refuses the offer, the governor and council may sell, convey, transfer, or lease the real property. The state shall not dispose of class I or class II highway property if the highway is still in use by the public for motor vehicle travel unless: 

 (a) The municipality's legislative body concurs within 90 days after notice under paragraph III; or 

 (b) The municipality objects but the commissioner and municipality execute a memorandum of understanding providing for rehabilitation, phased transfer, or time-limited transition assistance consistent with RSA 229:5-a, and the governor and council approve the disposal following a public hearing in the municipality. 

 II. Sales of real property under this section shall be at not less than current market value of the subject property, as may be determined by the governor and council. If the town, city, or county decides to resell the property, it shall first offer the property to the state at the market value at the time of sale. 

 III. The proceeds from a sale, conveyance, transfer, or lease under this section shall be credited to either the highway fund, restricted federal fund, or the turnpike fund, whichever fund provided money for the original purchase. Proceeds from a sale that results from money provided by the highway fund for payback of real property purchased with federal funds shall be credited to the department and shall be nonlapsing and continually appropriated to the department for the purposes of meeting federal obligations or reimbursing the highway fund for payment of federal obligations. 

 IV. This section shall not apply to the exchange of state-owned lands, which are under the jurisdiction of the department of transportation, for other lands of equal or greater value, during right-of-way negotiations, or to the sale of buildings that need to be moved to clear such rights-of-way for public projects found necessary under other state laws. 

 V. Prior to any action under this section involving class I and class II highway property, the commissioner shall provide written notice to the governing body and legislative body of the municipality, and to the long range capital planning and utilization committee, and shall hold at least one public hearing in the municipality. Failure of the municipal legislative body to act within 90 days of notice shall be deemed concurrence. 

 VI. The department shall prepare a written "turnback condition report" describing the highway segment's pavement, drainage, culverts, sidewalks, signage, and structures, and shall certify completion of all rehabilitation required by RSA 229:5 before any disposal or reclassification becomes effective. 

 VII. The requirements of paragraphs I, II, V, and IV shall not apply to: 

 (a) Segments no longer used for motor-vehicle travel;

 (b) De minimis remnants created by highway reloca