Alfano Law Office, PLLC

Alfano Law Office, PLLC
Phone: (603) 856-8411 • Fax (603) 290-5521
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You are here: Home / Archives for Legislation

Legislation Articles

New Hampshire Superior Court Strikes Down Use of Restrictive Voter Registration Process in Upcoming Elections

On Monday, Superior Court Justice Kenneth C. Brown granted a temporary injunction preventing the State of New Hampshire from imposing new voter registration forms in the upcoming 2018 election. In 2017, several Republican New Hampshire senators sponsored SB3 (“SB3”), a bill amending New Hampshire’s voter registration process to include stricter … [Read more...]

Filed Under: Legislation Tagged With: 2018 election, League of Women Voters, midterm elections, voter registration, voting rights, wrongful voting

Neighborly Tricks: Our Top Three Legal Shenanigans of Neighbors

As Halloween approaches, many minds turn to autumn themes—pumpkins, parties, and, of course, trick or treating with neighbors. But neighborly tricks aren’t exclusive to Halloween or children; in fact, some of the most complex neighborly hijinks are committed by adults and invite legal intervention rather than innocent mischief. Here’s our list of … [Read more...]

Filed Under: General, Legislation Tagged With: destruction of property, halloween, illegal tricks, mischief, neighbors, nuisance, property rights, shenanigans, trespassing, trick-or-treat

Hey – Who Are These People? (Public Easements by Prescription)

If you tolerate a few members of the general public to cross your land for twenty years, you may have opened the door to the entire general public crossing your land.  The legal theory is called a “public easement.”  A desire to access lakes and public recreational land are ripe situations for the creation of these types of rights. Prior to … [Read more...]

Filed Under: General, Legislation, Property Tax Law Tagged With: Bill Binnie, Jesurum, public easment

“Fundamentally Flawed”- Federal Court Judge Holds New Hampshire’s Absentee-Ballot Signature Match Requirement Unconstitutional

Like all states, New Hampshire permits voters who are unable or unwilling to attend official polling stations the option of casting absentee ballots in state and federal elections. Absentee ballots are regulated by several statutes, and ultimately overseen by the New Hampshire Secretary of State. One recent case challenged the process on how … [Read more...]

Filed Under: Legislation Tagged With: 14th Ammendment, absentee ballots, absentee voting, election moderator, Landya McCafferty, Mary Saucedo, signature match, William Gardner

Private Road Maintenance – Live Free or Die in Action!

For the third year in a row, a bill (SB 401) was introduced in New Hampshire to require owners of residential real estate on private roads to contribute toward the maintenance of the road. For the third year in a row, the bill failed. The effort has been led by realtors, who point out Fannie Mae will not buy loans secured by houses on private … [Read more...]

Filed Under: Legislation, Real Estate Law Tagged With: Fanny Mae, Private Road Maintenance, SB401

Airbnb – Permitted or Prohibited?

In recent years, the tourism industry has seen the rise of internet-based, short-term rental by owner sites and apps, such as Airbnb and VRBO. These short-term rental options allow property owners and tenants (when permitted under certain circumstances) to directly lease or rent their property on a short-term basis to interested lessees; and … [Read more...]

Filed Under: Legislation Tagged With: Airbnb, short-term rentals, VRBO, Zoning Board of Adjustments

Celebrating Summer: What Fireworks Are Legal on Your Land?

Summer in New Hampshire is synonymous to some residents with bonfires, camping, and—of course—fireworks. For years, New Hampshire has been the most liberal state in the Northeast with regards to access of residents and visitors to fireworks.  But what “fireworks” are permitted for use on New Hampshire properties according to the law? And under what … [Read more...]

Filed Under: General, Legislation Tagged With: explosives, fireworks, legal fireworks in New Hampshire

SUPREME COURT ABOLISHES LIMITS TO SALES TAXES ON INTERNET SALES

On June 21, 2018 the U.S. Supreme Court decided South Dakota v. Wayfair, Inc. creating a paradigm shift in the way in which state sales taxes will be collected by remote retailers.  In a 5-4 decision, in a majority opinion written by Justice Anthony Kennedy, the Court overruled the physical presence rule which prevented a state from imposing an … [Read more...]

Filed Under: Legislation, Taxes Tagged With: ecommerce, internet sales, physical presence, remote retailers, sales tax, Wayfair

New Hampshire Planning Boards: A Brief Introduction

Another staple land use boards in most New Hampshire municipalities is the Planning Board. Planning Boards are statutorily regulated, and the powers of a Planning Board are specifically defined under the language of each individual municipal ordinance. Makeup of Planning Boards Planning Boards may be established by local legislative bodies. … [Read more...]

Filed Under: Legislation, Real Estate Law Tagged With: municipal planning, Planning Board, subdivisions

Supreme Court Considers Limits to Sales Taxes on Internet Sales

On April 17, 2018, while many taxpayers scramble to meet the deadline for filing their federal income tax returns, the U.S. Supreme Court will hear oral arguments in South Dakota v. Wayfair, Inc., a case that could forever alter the way in which state sales taxes are collected by remote retailers. The battle that is being waged between states and … [Read more...]

Filed Under: General, Legislation, Taxes Tagged With: ecommerce, internet, sales tax, South Dakota, state taxes, Supreme Court, Wayfair

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