N.H. Code Admin. R. Tax 210.02
Declaration of Taking
Effective Aug 2, 2023#2943, eff 12-31-84; EXPIRED 12-31-90 New. #5638, eff 9-1-93; amd by #6762, eff 7-1-98; amd by #7068, INTERIM, eff 8-15-99, EXPIRES, 12-13-99; ss by #7153, eff 12-10-99; ss by #8987-A, eff 9-24-07; ss by #9538, eff 9-8-09; ss by #10625-B, eff 6-26-14; ss by #13711-B, eff 8-2-23Board of Tax and Land Appeals
- (a) To determine who should be named as a condemnee, the condemnor shall perform a title search at the appropriate registry of deeds and shall contact the tax collector in the municipality where the property is located. The condemnor shall update the initial title search simultaneously with the filing of the declaration with the board and shall then record the notice of condemnation at the registry of deeds in accordance with RSA 498-A:7.
- (b) The title work shall be reviewed by the condemnor's attorney before the declaration is filed with the board to ensure the proper parties are named and their interests properly identified.
- (c) If the condemnor's attorney discovers any possible title issues that concern present ownership or present rights of those named as condemnee(s), the condemnor shall notify the board of such issue when the declaration is filed.
(d) The declaration shall include the following:
- (1) All of the information required by RSA 498-A:5;
- (2) The name and address of each condemnee with reference to the registry book and page of the document under which each condemnee's interest arises; and
- (3) A specific description of the property interest, as the condemnor can determine from the title records, held by each condemnee, such as, fee, life estate, lessee, mortgagee and municipal tax lienholder.
- (e) If a corporation is named as a condemnee, the condemnor shall specify the individual and his/her title upon whom the declaration shall be served in accordance with RSA 510:13 and RSA 510:14.
Source. #2943, eff 12-31-84; EXPIRED 12-31-90 New. #5638, eff 9-1-93; amd by #6762, eff 7-1-98; amd by #7068, INTERIM, eff 8-15-99, EXPIRES, 12-13-99; ss by #7153, eff 12-10-99; ss by #8987-A, eff 9-24-07; ss by #9538, eff 9-8-09; ss by #10625-B, eff 6-26-14; ss by #13711-B, eff 8-2-23