The state of New Hampshire still has lots of open green spaces, which means there is still quite a bit of land available for use. While these open spaces are beautiful, a few people would love to construct different buildings on them. Then there are others who want to expand on the land they already own. During all of these … Read the rest
Legislation Articles
Creating a Private Road Maintenance Agreement? Reasons Why Forming an Association is Your Best Option
New Hampshire has a new law on the books, and it states that most private roads must have a maintenance agreement. We understand why having an agreement is important. However, an agreement can still create problems. Therefore, we recommend creating an association to ensure there is an extra layer of protection for every person involved.
When you create an association, … Read the rest
Penn Central Regulatory Takings Claims in New Hampshire
State and local government entities have the ability to use eminent domain authority to force the sale of private property for public projects. See RSA Chapter 498 A. This process aids in the orderly planning and construction of new public infrastructure such as highway widenings. It also gives the landowner the ability to challenge the amount of compensation that … Read the rest
A Cloud Computing Host’s Liability for Data Loss Can Be Limited
The advent of cloud-based computing and remote data storage has increased business efficiency and the ability to collaborate with colleagues. However, the reliance on third parties to host crucial and sensitive data can have ruinous consequences for the company if their IT host loses this data. This is especially so as many service contracts for hosting data include clauses limiting … Read the rest
NH Supreme Court Holds Municipal Technical Review Group is not a Public Body Subject to Right-to-Know Law
NH Supreme Court Holds Municipal Technical Review Group is not a Public Body Subject to Right-to-Know Law
New Hampshire’s Right-to-Know law, RSA Chapter 91-A, is a powerful tool in requiring transparency in governmental decision-making. The law requires the government to conduct public business in meetings that are open to the public to encourage accountability and transparent decision-making.
The Right-to-Know … Read the rest
Alfano Law Wins Far-Reaching Equity Theft Case in NH Supreme Court
Alfano Law attorney, John Hayes, successfully challenged a provision of the tax-deeding statute that permitted municipalities to profit from the sale of tax-deeded properties. While the tax deeding statute required municipalities to distribute profit to former owners if they sold the property within three years, the law does not require municipalities to sell tax-deeded properties within that time-frame.
In the … Read the rest
Construction Projects under NH Emergency Order 23
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
Property Rights – When the Government Goes Too Far
Most people are familiar with eminent domain. Eminent domain 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 “inverse condemnation”. Inverse condemnation can be difficult to spot because the private citizen retains fee ownership of his or her property, … Read the rest
Is Government Delay an Unconstitutional Taking of Private Property?
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
Private Road Maintenance Agreements – Reasons to Form an Association
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. Having an agreement is an important step. However, creating an association can greatly simplify the administration and enforcement of private road maintenance agreements.
Consider … Read the rest