The N.H. Board of Tax and Land Appeals (BTLA), an administrative board that is responsible for deciding appeals of denial of property tax abatements, has extended all deadlines for mediation to June 1, 2020 in response to the COVID-19 pandemic. A party is not required to file a request for a written extension. The BTLA sets a deadline for … Read the rest
Governor Sununu’s Emergency Order 25 authorizes municipalities to “grant blanket abatements of the interest charged on all property taxes not paid after their assessment for the duration of the State of Emergency….” This power already exists under RSA 76:16 and RSA 29:12, although the emergency order simplifies the process for the county portion of taxes.
•A municipality … Read the rest
There are two elements at play, restricting a landlord’s ability to evict a tenant at this time. The first are the governor’s Emergency Order #4 and #24. EO #4 prohibits any evictions to be started or enforced after March 17, 2020. EO #24 lightens the restrictions a little, by exempting proceedings that would be initiated because a tenant is causing … Read the rest
In response to the COVID-19 outbreak, municipalities have limited their operations generally, which affect their ability to approve building permits and construction inspections within the normal timelines. Governor Sununu passed Emergency Order 23 to “keep New Hampshire construction projects, vital to the economy, active and progressing during these extraordinary times.” The order allows for a temporary modification of municipal and … Read the rest
With New Hampshire Governor Sununu’s Emergency Order #17 announcing closure of all “non-essential” businesses, many individuals and businesses confront contractual obligations they may not be able to fulfill. Some contracts attempt to address unforeseen circumstances with force majeure clauses, which is French for a “superior” or “irresistible” power. The term is used in the legal system to refer to … Read the rest
On March 16, 2020, in response to the emergency orders issued by the Governor relating to attempts to reduce the infection rate from the Covid-19 virus, the New Hampshire Supreme Court, cancelled all trials and hearings that require people to appear at the courthouses in New Hampshire. The New Hampshire Supreme Court is the Court that has the responsibility … Read the rest
Due to rising concerns around COVID-19, many of the state’s registries of deeds are taking precautions to limit the potential exposure of their employees and the public by closing their doors to public. However, all registries are still accepting E-Recording documents and regular US mail. Most are still also accepting FedEx and UPS deliveries as well. Below is a list … Read the rest
Most people are familiar with eminent domain, which occurs when the government takes private property for public use, with payment to the owner. Sometimes the government takes private property without compensating the owner. This form of taking is called “inverse condemnation.” Inverse condemnation can be difficult to spot because the private citizen retains fee ownership of his or her property, … Read the rest
The legal term is this context is “inverse condemnation.” Inverse condemnation occurs when a governmental body takes property in fact, but opts not to exercise the power of eminent domain, thus depriving the property owner of compensation.
The term also can include a governmental action that substantially interferes with, or deprives a person of, the use of his or her … Read the rest
In previous blogs, we addressed the difference between a private road and an easement, New Hampshire’s new law mandating residential private road maintenance in certain situations and what private road maintenance agreements should include. While having an agreement is an important step, creating an association can greatly simplify the administration and enforcement of private road maintenance agreements.
Consider … Read the rest