New Hampshire HB 1619: relative to the rights of property owners and limitations on municipal land use regulation, and repealing the workforce housing program.

Bill Text

HB 1619 - AS INTRODUCED

2026 SESSION

 26-2588

 06/05

HOUSE BILL 1619

AN ACT relative to the rights of property owners and limitations on municipal land use regulation, and repealing the workforce housing program.

SPONSORS: Rep. Soti, Rock. 35; Rep. Warden, Hills. 39; Rep. Aures, Merr. 13; Rep. Tom Mannion, Hills. 1; Rep. Sabourin dit Choiniere, Rock. 30; Rep. Sellers, Graf. 10; Rep. Noble, Hills. 2; Rep. Ulery, Hills. 13; Rep. Polozov, Merr. 10; Rep. Slottje, Hills. 13; Sen. Murphy, Dist 16

COMMITTEE: Housing

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ANALYSIS

 This bill affirms, codifies, and attempts to clarify property owners’ rights and municipal limits on regulation. This bill also repeals the workforce housing program.

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 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

 26-2588

 06/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT relative to the rights of property owners and limitations on municipal land use regulation, and repealing the workforce housing program.

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

 1 New Chapter; Property Owners' Rights and Land Use Protections. Amend RSA by inserting after chapter 674 the following new chapter:

CHAPTER 674-A

PROPERTY OWNERS' RIGHTS AND LAND USE PROTECTIONS

 674-A:1 Purpose. The purpose of this chapter is to affirm and protect the fundamental rights of property owners to own, use, and dispose of their property free from excessive government intervention, consistent with the principles of a free market and the limited-government framework of New Hampshire law.

 674-A:2 Definitions. In this chapter:

 I. “Property owner” means a person or entity holding legal title to real property in New Hampshire.

 II. “Municipality” means a city, town, or other political subdivision recognized by New Hampshire law.

 674-A:3 Property Owners’ Rights.

 I. Property owners shall have the right to use their property as they see fit, provided such use does not infringe upon the rights of others or violate clearly defined public safety standards set forth in New Hampshire law, including RSA 155-A and other applicable statutes.

 II. Property owners may set rental prices based on market demand, free from government-imposed rent controls.

 III. Municipal zoning shall be limited to the minimum necessary to protect public health, safety, and welfare, and regulations shall not unduly restrict property development or usage.

 IV. Property owners may develop their land for residential, commercial, or mixed-use purposes, subject only to transparent and predictable municipal regulations.

 V. No property shall be taken by the government for private use or economic development, except in cases of clear public necessity. Owners are entitled to just compensation and due process in any eminent domain proceeding.

 VI. Property owners may enter into contracts, leases, and sales agreements without government interference, except in cases of proven fraud or coercion.

 VII. Municipalities shall process property development permits in a timely and transparent manner. Delays or arbitrary denials violate the owner’s right to productive use.

 VIII. No property owner shall be subject to excessive or discriminatory property taxes. This chapter does not alter or affect existing property tax statutes.

 IX. Property owners may challenge government actions that infringe their property rights through judicial or administrative review as provided by law.

 X. Municipalities are encouraged to pursue market-based solutions to housing and development without reliance on public subsidies.

 XI. Beyond minimal public regulations, use restrictions may only be imposed by private covenants or homeowners associations established by voluntary agreement among property owners.

 XII. All warrant articles affecting property rights proposed at town or municipal meetings shall be reviewed for constitutional compliance by the courts.

 XIII. No municipality shall provide taxpayer-funded subsidies, grants, tax incentives, or regulatory mandates promoting specific housing types, except as required for public health, safety, or welfare.

 2 Repealing the Workforce Housing Program; InvestNH Program. Amend RSA 12-O:70 to read as follows:

 12-O:70 InvestNH Program. The department shall establish a program to make grants and loans for the purpose of improving the ability to accelerate the approval of [affordable workforce housing as defined in RSA 674:58, IV, and other types of] housing determined by the department to be important for the ec