NEW HAMPSHIRE
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New Hampshire Legislature

Legislative

Eminent Domain Restrictions Resulting from the Kelo Decision
New Hampshire voters approved a constitutional amendment in 2006 to limit the use of eminent domain.  The amendment (Question #1) stipulates that:  “No part of a person's property shall be taken by eminent domain and transferred, directly or indirectly, to another person if the taking is for the purpose of private development or other private use of the property."

Question #1 of 2006

Legislation enacted in 2006 (S.B. 287) codified a revised definition for “public use” under statutes relating to eminent domain so as to assert that no person’s private real property shall be taken unless the real property is to be put to public use.

S.B. 287 of 2006


Open Space/Conservation

Conservation Easement Statutes
New Hampshire Revised Statutes Annotated §477:45 et seq. provides for the state’s conservation easement statutes that authorizes the creation of permanent easements on real property for conservation and historic preservation purposes.

Resource Link

Forest Legacy Program
The New Hampshire Division of Forests and Lands administers the state’s Forest Legacy Program.  The program is intended to protect forest areas that are threatened by conversion to non-forest uses through fee simple title or conservation easement purchases.

Contact: 
Ms. Susan Francher
Division of Forests and Lands
P.O. Box 1856
Concord, New Hampshire 03302-1856
(603) 271-2214

Resource Link

Land and Community Heritage Investment Program
The intent of the Land and Community Heritage Investment Program (LCHIP) is to conserve and preserve the state's most important natural, cultural, and historical resources through the acquisition of lands, and cultural and historical resources, or interests therein, of local, regional, and statewide significance, in partnership with the state's municipalities and the private sector, for the primary purposes of protecting and ensuring the perpetual contribution of these resources to the state's economy, environment, and overall quality of life.  Legislation enacted in 2000 (S.B. 401) created the LCHIP program and established its funding source.  LCHIP receives $6 from each sale of conservation license plates.  State general funds are not appropriated to LCHIP. To date, this program has used $18.3 million from the Legislature and leveraged funds to make more than 120 grants to protect more than 200,000 acres of land and to rehabilitate and protect more than 80 historic structures.

Resource Link
Resource Link

Water Supply Land Conservation Grant Program
The Water Supply Land Conservation Grant Program allows the New Hampshire Department of Environmental Services to make 25% matching grants to municipal water suppliers for the purchase of land or conservation easements critical to their water quality. These water supply lands must be currently unprotected and within the wellhead protection area for a groundwater source or within the source water protection area and within five miles of the intake of a surface water source.  As part of the voluntary agreements for acquisitions made through the program, land must remain undeveloped, with passive dispersed recreation, agriculture and forestry allowed.

Resource Link
Resource Link

Taking Land for Water Systems
New Hampshire H.B. 1581 of 2008 permits the governing body of municipalities to construct and maintain stormwater systems. Whenever it is necessary to construct such main drains or common sewers, storm water treatment, conveyance, and discharge systems, sewage and/or waste treatment facilities across or on the land of any person and the municipality cannot obtain for a reasonable price any land or easement in land required by it, the governing body may lay out a sufficient quantity of such land for the purpose and assess the owner's damages in the same manner as in the case of taking land for highways. 

H.B. 1581 of 2008

Zoning and Conservation of Energy
New Hampshire S.B. 422 of 2008 adds an energy section to zoning and planning master plans, which includes an analysis of energy and fuel resources, needs, scarcities, costs, and problems affecting the municipality and a statement of policy on the conservation of energy. It provides that additional standards and policies may include, but are not limited to, thermal integrity and energy conservation standards for buildings, a statement of policy on the development of renewable and efficient energy production resources, patterns and densities of land use and development that will likely result in conservation of energy, and the municipality's own use of energy. 

H.B. 422 of 2008
RSA Section 674:2

Light Pollution/Dark Night Skies

New Hampshire H.B. 585 of 2009 encourages municipalities to enact such local ordinances and regulations as they deem appropriate to conserve energy consumed by outdoor lighting; to minimize light pollution and glare; and to preserve dark skies as a feature of rural character wherever practicable.

H.B. 585 of 2009


State Contact Information

Adjutant General
Major General William N. Reddel, III, Adjutant General
Adjutant General’s Department
1 Minuteman Way
Concord, New Hampshire 03301-5607
(603) 225-1200
(603) 225-1257 fax
william.n.reddel@us.army.mil

Resource Link

Deputy Adjutant General
Carolyn J. Protzmann, Brigadier General
Deputy Adjutant General Adjutant General’s Department
1 Minuteman Way Concord, New Hampshire 03301-5607
(603) 225-1200
(603) 225-1257 fax  
Carolyn.protzmann@us.army.mil  

Resource Link
Congressional Liaison 
Col. Bryan Clements 
Adjutant General’s Department
1 Minuteman Way
Concord, New Hampshire 03301-5607
(603) 227-5149
Bryan.e.clements.mil@mail.mil

Legislative Process Regarding Military POCs
The House Committee on State-Federal Relations and Veterans Affairs hold primary jurisdiction over military affairs issues in New Hampshire.  The New Hampshire General Court hears all legislation in Committee.  The public and any interested groups are able to participate in this process.  The Adjutant General serves as the military advisor to the General Court and the Governor.

Committees of Primary Jurisdiction/Legislative Contact
House Committee on State-Federal Relations and Veteran Affairs
Representative Robert Theberge, Chair
PO Box 271
Berlin, New Hampshire 03570
(603) 752-5672
robert.theberge@leg.state.nh.us

Senate Committee on Public and Municipal Affairs
Senator David Boutin, 
107 North Main Street
Concord, NH 03301
(603) 271-2111
david.boutin@leg.state.nh.us