They're Coming for Your Land!

[jcpliberty]

Front Page of the website for Liberty Magazine's latest issue.

They're Coming for Your Land! Big Business wants your house, and the government is going to take it from you and give it to them.

http://libertyunbound.com/archive/2005_03/sandefur-land.html

[Kat Kanning]

That's horrifying!  I'm going to research eminent domain abuses in NH.

[Karl]

This can't happen in New Hampshire.

From Part 2, Article 5 of the New Hampshire Constitution:

"...provided that the general court shall not authorize any town to loan or give its money or credit directly or indirectly for the benefit of any corporation having for its object a dividend of profits or in any way aid the same by taking its stocks or bonds."

[jcpliberty]

This can't happen in New Hampshire.

From Part 2, Article 5 of the New Hampshire Constitution:

"...provided that the general court shall not authorize any town to loan or give its money or credit directly or indirectly for the benefit of any corporation having for its object a dividend of profits or in any way aid the same by taking its stocks or bonds."

Woohoo New Hampshire!
JP

[JonM]

I don't believe anyone found any eminent domain abuses in NH during the Which State? research drive.  I'm sure if there had been, the pro-WY crowd woulda found it.

[jcpliberty]

I don't believe anyone found any eminent domain abuses in NH during the Which State? research drive.  I'm sure if there had been, the pro-WY crowd woulda found it.

Hmm. Truth that. I am quite sure!

JP

[danhynes]

I would think the town can still do it. That wording seems to me to imply more about loaning money, but places usually dont like eminent domain so I dont think it would be likely to happen in NH, especially with all you protestors

[Russell Kanning]

I don't believe anyone found any eminent domain abuses in NH during the Which State? research drive.? I'm sure if there had been, the pro-WY crowd woulda found it.

Hmm. Truth that. I am quite sure!

JP

Speaking for the pro-WY crowd....I can say that we didn't do nearly enough research about the potential flaws of NH....we didn't know that JP was living so close to NH already and was planning on moving so soon.

[Dave Ridley]

Hamptoninsider here posted that he or she was aware of some kind of eminent domain scheme on the part of Hampton officials

[Lloyd Danforth]

This has nothing to do with eminent Domain, but, it might be important.

I just finished studying HB359, although, I have not reported it to the Yahoo group yet.
This might have something to do with what is going on in Hampton Beach.
This bill amends an existing RSA dealing with hardship resulting from literal enforcement of a zoning provision.
The addition reads:
'An unneccessary hardship with respect to a use or area variance exists only if the deprivation resulting from the application of the ordinance denies to the landowner a reasonable return on the lanowner's investment.'

I may be reading this wrong, but, it appears to me that if I own a home and want to make some internal changes in my home that are not contrary to the public's interest, to keep my family together, I'm out of luck.
But, if I purchase some property that I know is zoned for a limited number of units, but, have my heart set on the higher return I can realize on that property if I could build a number of units larger than allowed, then, I'm golden!

The entire bill is below. The bold part is the addition to the existing RSA.
Lloyd


HOUSE BILL 359

AN ACT relative to hardship variances.

SPONSORS: Rep. Kurk, Hills 7

COMMITTEE: Municipal and County Government

ANALYSIS

This bill defines an unnecessary hardship for a zoning variance as an application of the ordinance that denies the landowner a reasonable return on his or her investment.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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.

05-0730

06/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT relative to hardship variances.

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

1 Powers of Zoning Board of Adjustment; Variance; Hardship. Amend RSA 674:33, I(b) to read as follows:

(b) Authorize upon appeal in specific cases such variance from the terms of the zoning ordinance as will not be contrary to the public interest, if, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done. An unnecessary hardship with respect to a use or area variance exists only if the deprivation resulting from the application of the ordinance denies to the landowner a reasonable return on the landowner?s investment.

2 Effective Date. This act shall take effect January 1, 2006.

[Karl]

From http://www.castlecoalition.org/report/reportstates/new_hampshire.shtml:

"News reports revealed no reported condemnations for private parties in New Hampshire between 1998 and 2002. This admirable restraint probably results in part from a decision of the New Hampshire Supreme Court in 1980 holding that New Hampshire?s constitution did not allow condemnations for ?economic development,? i.e., local governments could not take land for private businesses on the premise that the business would create jobs and pay taxes. One legislative attempt to increase compensation for condemned businesses failed in 2002, but New Hampshire remains one of the best states to own a home or business without fear of it being taken for another private party."

[Karl]

I would think the town can still do it. That wording seems to me to imply more about loaning money, but places usually dont like eminent domain so I dont think it would be likely to happen in NH, especially with all you protestors

Some court decisions have held the view that it cannot happen.  Of course, eminent domain generally can and does happen, and there are some flagrant violations of this in New Hampshire...

One such ongoing violation is the construction of a baseball stadium in Manchester for the benefit of a professional baseball team.  The City of Manchester gave both its money and its credit to the that team, which is obviously a for-profit corporation.