New Hampshire HB 1611: relative to the taking of private property.

Bill Text

HB 1611-FN - AS INTRODUCED

2026 SESSION

 26-2538

 06/05

HOUSE BILL 1611-FN

AN ACT relative to the taking of private property.

SPONSORS: Rep. Potucek, Rock. 13; Rep. Terry, Belk. 7

COMMITTEE: Judiciary

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ANALYSIS

 This bill modifies the state's authority to seize privately owned property during a declared emergency by limiting applicable circumstances, specifying procedural requirements, mandating documentation, and revising compensation provisions.

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 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

 26-2538

 06/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT relative to the taking of private property.

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

 1 Taking of Private Property; Compensation and Use. Amend RSA 4:46, I-b through V to read as follows: 

 I-b. This section shall not apply to personal property, real estate, or real estate improvements owned by or intended for use by individuals or families. 

 II. Takings under this section shall be strictly limited to the necessities of the situation and when there is a documented inability to obtain alternative resources. The person proposing to take possession of any such property in the name of the state shall present to the owner or person in possession or control of the property a copy of the warrant under which the person purports to act certified by the commissioner of safety. Upon taking possession or control of such property the person shall present a receipt specifically listing the property so taken and specifically referring to the warrant authorizing the taking. 

 III. Whenever possession of any real estate or title to any personal property is taken under this section, its owner or possessor, hereinafter referred to as the claimant, shall be entitled to [damages] replacement costs, compensation for loss of use, and attorney and administrative fees needed in filing the claim on account of such taking. Upon the taking of any such property, the chief justice of the superior court is authorized to appoint a commission of 3 suitable persons to assess fair and just replacement costs, compensation for loss of use, and attorney and administrative fees needed in filing the claim [a] in cases in which the amount cannot be determined by agreement. The chief justice shall fix the per diem compensation of the members of the commission and fill any vacancies which may occur. The commission shall determine what sum shall justly compensate the claimant for the property so taken, for loss of use of the property so taken, and for attorney and administrative fees needed in filling the claim, and may in the performance of its duties hire, and the state shall pay for the services of, such skilled and disinterested appraisers as the commission shall deem necessary to assist it in the performance of its duty. 

 IV. Any claimant aggrieved by the award made by the commission may appeal to the superior court from the decision within 60 days from the granting of the award. All final awards of judgments entered against the state in such proceedings and the fees and expenses of the commission shall be promptly paid by the state treasurer, on warrant of the governor and council, from any money in the general fund of the treasury not otherwise appropriated. 

 V. The property taken under this section shall be used in such manner as the governor, with the advice and consent of the executive council, shall deem in the best interests of the state, its inhabitants or the United States, which manner may include the sale at the prevailing market price or the gratuitous distribution of the articles enumerated in subparagraphs I(c)(3), (4) and (5), except that the original owner of the property taken shall have the right of first refusal to purchase it back at the prevailing market prices, which is to be determined independently from any award granted pursuant to paragraph III. All moneys derived from the sale of any such property shall be paid over to the state treasurer and deposited in the general fund of the state. 

 2 Effective Date. This act shall take effect January 1, 2027.

 LBA

 26-2538

 12/8/25

HB 1611-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to the taking of private property.

FISCAL IMPACT: This bill does not provide funding, nor does it authorize new positions.

 Estimated State Impact

FY 2026

FY 2027

FY 2028

FY 2029

 Revenue

$0

$0

$0

$0

 Revenue Fund(s)

None

 Expenditures*

$0

Indeterminable Increase

 Funding Source(s)

General Fund

 Appropriations*

$0

Open Warrant