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
Legislation Articles
Property Rights – 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 – 3 Reasons You Should 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. 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
Splitting the Baby – Real Estate Partitions
When presented with certain types of disputes, a court can partition real estate physically or equitably. For example, a physical partition of a ten-acre lot could give five acres to each party. A court deploys an equitable partition when physical partition is impractical or unfair. An equitable partition essentially is a court-ordered and supervised sale. How the real estate is … Read the rest
Alfano Attends Virginia Property Rights Conference
Last month, Paul Alfano attended the William and Mary Law School’s 16th annual Property Rights Conference in Williamsburg, VA.
Some of the top property professors in the country participated in panel discussions, including Stephen J. Early, winner of this year’s Brigham-Kanner Property Rights Prize, and prior winners of the prize, Professor James W. Ely, Jr., Professor Stewart … Read the rest
Ski Lift Tickets- Soon to be Taxed?
As winter approaches, many New Hampshire residents and visitors are beginning to dust off their winter sports gear and head for the slopes. But could slope-seekers soon be facing a tax on their favorite winter activities?
State Representative Craig Thompson (D- District 14) has recently declared his desire to introduce legislation imposing a tax on ski lift ticket sales throughout … Read the rest
Town Meeting Will Be Held as Scheduled – Unless Bad Weather or Emergency Strikes
New Hampshire’s oldest form of town government, the town meeting, has been relatively consistent and unchanged through the generations as to when this annual event is held. RSA 39:1 requires town meeting to be held annually on the second Tuesday of March, or in accordance with RSA 40:13 (providing an optional form of town meeting as official ballot referenda) if … Read the rest
What is the Difference Between a Private Road and an Easement?
An access easement is a right to pass over someone else’s property for – you guessed it – access. Other types of easements exist that are not for access, such as an easement to place and operate a cell tower on someone’s land. A private road also provides access to one’s land.
Generally, only a limited number of people may … Read the rest
Private Road Maintenance and Highway to Summer Cottages Bills Become Law
Two important road bills became law this session. One imposes an obligation on certain parties to contribute toward maintenance of private roads. The other allows municipalities to extend the “winter” period for highways to summer cottages.
Private road maintenance
The private road maintenance law began as SB 39 and finished as Chapter 308, Laws of 2019. This session marked … Read the rest
Homestead v. Mortgages – Who Wins?
Homestead is a right to occupy one’s primary residence. Homestead also has a set value of $120,000, which comes into play when creditors circle the waters.
Each person has a homestead in the amount of $120,000; therefore, for married couples, each spouse has a $120,000 homestead.
The homestead right is exempt from attachment by creditors, except in the following cases:… Read the rest