Alfano Law Office, PLLC

  • ALFANO LAW WEBSITE
Home » December 2015 NH Property Tax Alert – Current Use Update and Supplemental Tax Bills; 2015 NAPTA Annual Meeting; Adverse Possession; Class VI highways

December 2015 NH Property Tax Alert – Current Use Update and Supplemental Tax Bills; 2015 NAPTA Annual Meeting; Adverse Possession; Class VI highways

Current Use Update and Supplemental Tax Bills

 

supplemental-taxesIn the recent case of JMJ Properties, LLC v. Town of Auburn (August 11, 2015), the New Hampshire Supreme Court ruled that towns could issue replacement, or supplemental tax bills, against property that had come out of current use prior to April 1.  Property tax practitioners were curious to see if the court would authorize such supplemental tax bills under RSA 76:14, but the court instead rendered its decision completely under RSA 79-A, the statute regulating current taxation.  JMJ involved an 18 lot cluster subdivision in Auburn for land in current use.  In July 2011, road construction began, and the town learned of this change in use during the summer of 2012.  In December 2012, the town 1) issued a land use change tax bill, 2) “abated” the original 2012 tax, which was based on the incorrect understanding the land was still in current use as of April 1, 2012, and 3) issued a supplemental 2012 tax bill for the 18 individual lots at fair market value.  The court ruled the town’s actions were proper under RSA 79-A:7.

 

2015 NAPTA Annual Meeting Round-up

NAPTANAPTA held its 2015 annual meeting at the Millennium Hotel in Boston this October.  NAPTA is the country’s preeminent lawyer-based tax abatement organization.

Mark Kenney (American Valuation Group, Inc.), Lee Lapierre (CVS), David Lenhoff (Altus Group) and Patrick Seely, Jr. (E Stewart Jones Hacker Murphy, LLP) presented a panel discussion on the valuation of supermarkets, drug stores, and other build-to-suit properties.  Given these types of properties involve more than just real estate, valuing them implicates the distinction between the value of the going-concern business and the value of the real estate.

A panel discussion also took place with judges from Connecticut (Levine) and Rhodes Island (Licht), along with Mark DeFrancisco, Chief Counsel to the MA Appellate tax Board.  The panel provided many practice tips, with an emphasis on how mediation may help resolve tax disputes.  The panel compared and contrasted the mediation processes followed in their respective jurisdictions.

MIT Professor Todd McGrath shared his research on whether a relationship exists between treasury yields and cap rates.  Professor McGrath’s entertaining presentation demonstrated no such relationship exists, contrary to what many real estate professionals may think.  Prof. McGrath also took a deep dive into the types of analyzes he believes sophisticated real estate investors make in deciding whether to buy an asset, and on what terms, including price.  Finally, Boston Commissioner of Assessing, Ronald Rakow, shared insights into Boston’s voluntary Payment in Lieu of Taxes (PILOT) program, the upshot being that many owners of tax exempt properties are now making payments because they find such payments in their best interest and those of the community.

For further information on any of these topics or the speakers, please contact Paul Alfano or John Hayes.

Also of note….

Adverse Possession – where does the twenty years come from?

adverse possession road sign illustrations design over white

New Hampshire has a statute: 508:2.

Class VI highways – gates and bars

thief behind bars

All Class VI roads, or “highways,” no matter how created, are considered subject to gates and bars.  “[A]ny gates or bars maintained by private land owners shall be erected so as not to prevent or interfere with public use of the highway, and shall be capable of being opened and reclosed by highway users. The selectmen may regulate such structures to assure such public use, and may cause to be removed any gates or bars which fall into disrepair or otherwise interfere with public use of the highway.”  RSA 231:21-a.

 

 

Filed Under: General, New Hampshire Property Tax Alerts, Property Tax Law, Real Estate Law, Road Law

The above information is for informational purposes only and does not constitute legal advice.

NH Tax Abatement

  • Road Law Guide
  • NH Tax Abatement
    • Grounds for Abatement
    • Municipal Application
    • Owners of Properties Outside New Hampshire
    • Transfer Tax Allocation
    • Recent Laws and Rulings
  • Resources and Links
    • Calendar and Key Dates
    • Equalization Ratio
    • NAPTA

NH Real Estate Law Articles

  • Airbnb
  • Common Neighborly Legal Issues
  • Court Updates
  • Dealing with Neighbors
  • Easements
  • Estate Planning
  • General
  • Historic Designation
  • Legal Documents
  • Legal Terms
  • Legislation
    • Business Law
  • Living Trust
  • New Hampshire Property Tax Alerts
  • Private Road Maintenance
  • Private Roads
  • Property
  • Property Investments
  • Property Rights
  • Property Tax
  • Property Tax Law
  • Quieting Title
  • Real Estate Law
  • Revocable Trust
  • Road Law
  • Tax Abatement
  • Taxes
  • Zoning Boards of Adjustments

Recent Articles

New Alfano Law, PLLC Facebook Page

Alfano Law has a new Facebook page! Give it a like to … [Read More...]

NH Supreme Court Upholds Grant of Conditional Use Permits Over Citizens Group Objections

New Hampshire Supreme Court Upholds Grant of Conditional Use … [Read More...]

Should You Form an Association for Your Private Road in New Hampshire?

Private Roads in NH Series - Part III Should you form an … [Read More...]

NH Supreme Court Mostly Affirms Enforcement of Ordinance Prohibiting Short-Term Rentals of Properties Unless Owner Occupied and Operated

New Hampshire Supreme Court Mostly Affirms Enforcement of … [Read More...]

Article Archives

Alfano Law Office, PLLC, 4 Park Street, Concord, NH 03301 USA | Phone: (603) 856-8411
Copyright © 2026 · Alfano Law Office, PLLC. All Rights Reserved · Website design by InterActive Synergy, LLC