Zoning requirements have constantly changed over the years in the state of New Hampshire. However, there are multiple structures, lots, and land that do not need to follow the current zoning guidelines. Those items are considered nonconforming uses and are grandfathered into the local zoning codes. Most attorneys like to add the word legally, or lawfully, before nonconforming uses, to … Read the rest
Archives for December 2021
Takings Claims in New Hampshire: How Penn Central is Applied
Any local, or state, government can use their eminent domain authority to use a private property for any public project. These projects normally include widening a highway and constructing a bike path or sidewalk, but there are many other reasons why a property is needed. Most of the time, the private property must be sold to the government. But there … Read the rest
Landowner Revoked Licenses – Is the City Now Liable for Trespassing?
Whenever a city, town, or other type of municipality decides to install a sewer line, water line, or other item, they must obtain a license from the landowner. This allows the municipality to access the property for the installation, maintenance, and even the removal if necessary. But what happens when the landowner revokes the license? Would the municipality then be … Read the rest
What You Should Know About Obtaining Approvals for Class VI and Private Roads in New Hampshire
In the state of New Hampshire, trying to obtain an approval to construct anything on a private or Class VI road can be quite difficult. Almost all building permits for any structure are immediately denied when the board discovers the request is on either a Class VI road or a private road. There are multiple reasons why this local law … Read the rest
When applying for a tax abatement in New Hampshire, who must sign the application for an abatement?
In a recent decision, the New Hampshire Supreme Court answered that question: The taxpayer. Not their lawyer. Not their agent. Not their best friend. No signature but the taxpayer’s will suffice.
In Appeal of Keith R. Mader 2000 Revocable Trust (No. 2020-0538), the taxpayers submitted an abatement application signed by their attorney, not by the taxpayers themselves. The Board of … Read the rest