New Hampshire Revised Statutes
N.H. Rev. Stat. Ann. § 205:1 (2024)
Finding and Declaration of Necessity
✓ 2024 N.H. RSA (Justia copy): later sessions are not included
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205:1 Finding and Declaration of Necessity. –
It is hereby found and declared (a) that there exist in many communities within this state blighted areas for the reasons set forth in RSA 205:2-b; (b) that such areas impair economic values and tax revenues; that such areas cause an increase in and spread of disease and crime and constitute a menace to the health and safety of the residents of the state, that these conditions necessitate excessive and disproportionate expenditures of public funds for crime prevention and punishment, public health and safety, fire and accident protection, and other public services and facilities; (c) that the clearance, replanning and preparation for rebuilding of these areas, and the prevention or the reduction of blight and its causes, are public purposes for which public money may be spent and private property acquired, consistent with this chapter, and are governmental functions of state concern; (d) that there are also certain areas where the condition of the title, the diverse ownership of the real property to be assembled, the street or lot layouts, or other conditions prevent a proper development of the real property, and that it is in the public interest that such areas, as well as blighted areas, be acquired by eminent domain, consistent with this chapter, and made available for sound and wholesome development in accordance with a redevelopment plan, and that the exercise of the power of eminent domain and the financing of the acquisition and preparation of real property by a public agency for such redevelopment is likewise a public use justifying the use of the powers of eminent domain when exercised consistent with RSA 205:3-b and a public purpose for which public money may be expended and such other powers authorized; (e) that redevelopment activities will stimulate residential construction which is closely correlated with general economic activity; and that such undertakings authorized by this chapter will aid the production of better housing and more desirable neighborhoods and community development at lower costs and will make possible a more stable and larger volume of residential construction, which will assist materially in achieving and maintaining full employment; and (f) that it is in the public interest that advance preparation for such projects and activities be made now, and that the necessity in the public interest for the provisions hereinafter enacted is hereby declared as a matter of legislative determination.
Source. 1947, 210:1. 2006, 324:5, eff. Jan. 1, 2007.
Notes of Decisions
Cited in 3
cases, 1983–1995 · leading case: Merrill v. City of Manchester, 466 A.2d 923 (N.H. 1983).
Merrill v. City of Manchester, 466 A.2d 923 (N.H. 1983). “See RSA 231:11, :12 (hearing conducted by municipal governing body authorized to lay out highway). At such hearing, the governing body should determine whether the local housing authority has satisfied the statutory provisions regarding blight, necessity, and public purpose.”
Merrill v. City of Manchester, 499 A.2d 216 (N.H. 1985). “RSA 205:1 (legislative finding that certain blighted areas “cause an increase in and spread of disease and crime”).”
State v. Wilson, 662 A.2d 954 (N.H. 1995). “See RSA 674:36, 11(a) (1986); RSA 205:1 (1989); see also RSA 374:48, II (1984) (differentiating between “public utility companies] which suppl[y] gas, electricity, water or telephone service” and “cable television companies]”).”
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