Bill Text: NH HB648 | 2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relative to eminent domain by public utilities and establishing a commission to investigate the procedural rights of the landowner when a petition is presented to the public utilities commission by a utility seeking eminent domain, develop a framework for the state to provide use rights to transmission developers on state owned rights-of-way, develop policies to encourage burying such lines where practicable, and establish a structure for payment.

Spectrum: Partisan Bill (Republican 9-0)

Status: (Passed) 2012-03-09 - House III. Remainder Effective 03/05/2012 [HB648 Detail]

Download: New_Hampshire-2012-HB648-Amended.html

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HB 648 – AS AMENDED BY THE HOUSE

30Mar2011… 1134h

2011 SESSION

11-1072

06/03

HOUSE BILL 648

AN ACT relative to eminent domain petitions by public utilities.

SPONSORS: Rep. Rappaport, Coos 1; Rep. Remick, Coos 2; Rep. Kurk, Hills 7; Rep. Tholl, Coos 2; Rep. Ladd, Graf 5; Rep. Daugherty, Coos 1; Rep. Brosseau, Graf 6; Rep. Reilly, Graf 8; Sen. Forrester, Dist 2

COMMITTEE: Science, Technology and Energy

AMENDED ANALYSIS

This bill prohibits public utilities from petitioning for permission to take private land or property rights for the construction or operation of certain transmission facilities.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

30Mar2011… 1134h

11-1072

06/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT relative to eminent domain petitions by public utilities.

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

1 Proceedings to Acquire Property or Rights; Petition. Amend RSA 371:1 to read as follows:

371:1 Petition. Whenever it is necessary, in order to meet the reasonable requirements of service to the public, that any public utility should construct a line, branch line, extension, [or a] pipeline, conduit, line of poles, towers, or wires across the land of another, or should acquire land, land for an electric substation, or flowage, drainage, or other rights for the necessary construction, extension, or improvement of any water power or other works owned or operated by such public utility, and it cannot agree with the owners of such land or rights as to the necessity or the price to be paid therefor, such public utility may petition the public utilities commission for such rights and easements or for permission to take such lands or rights as may be needed for said purposes. No public utility may petition for permission to take private land or property rights for the construction or operation of an electric generating plant or a transmission facility so long as the transmission facility is not needed for system reliability.

2 Effective Date. This act shall take effect 60 days after its passage.