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New Hampshire Revised Statutes

N.H. Rev. Stat. Ann. § 491:8 (2026)

Actions Against State

✓ current as of May 2026
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    491:8 Actions Against State. – The superior court shall have jurisdiction to enter judgment against the state of New Hampshire founded upon any express or implied contract with the state, including specific performance and other equitable remedies that are not limited to money damages. Any action brought under this section shall be instituted by bill of complaint and shall be tried by the court without a jury. The jurisdiction conferred upon the superior court by this section includes any set-off, claim or demand whatever on the part of the state against any plaintiff commencing an action under this section. The attorney general, upon the presentation of a claim founded upon a judgment against the state, shall submit the claim to the department or agency which entered into the contract, and said department or agency shall manifest said claim for payment from the appropriation under which the contract was entered into; provided, that if there is not sufficient balance in said appropriation, the attorney general shall present said claim to the general court for the requisite appropriation.

Source. 1951, 243:1. 1953, 83:1, eff. April 10, 1953. 2020, 12:2, eff. July 16, 2020.

Notes of Decisions
Cited in 52 cases (2 in the last 5 years), 1957–2024 · leading case: Chase Home for Child. v. New Hampshire Div. for Child., Youth & Families, 34 A.3d 1195 (N.H. 2011).
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Chase Home for Child. v. New Hampshire Div. for Child., Youth & Families, 34 A.3d 1195 (N.H. 2011). · cites it 15× “” The court also ruled that RSA 491:8 waives the State’s sovereign immunity for breach of contract claims.”
Morgenroth & Assocs., Inc. v. Town of Tilton, 431 A.2d 770 (N.H. 1981). · cites it 13× “) granted the defendants’ motions to dismiss for lack of jurisdiction under RSA 491:8 because the pleadings failed to allege an express or implied in fact contract with the State.”
Lorenz v. New Hampshire Admin. Off. of Courts, 23 I.E.R. Cas. (BNA) 939 (N.H. 2005). · cites it 11× “The plaintiffs argue that the State waived its immunity from this suit by enacting RSA 491:8 (1997). In addition, the plaintiffs argue that there is no prohibition of declaratory judgment actions against the State and that the instant action, “which seeks only a declaration that…”
State v. Peter Salvucci & Sons, Inc., 281 A.2d 164 (N.H. 1971). · cites it 13× “The sole question presented in this case is whether the superior court has jurisdiction under RSA 491:8 to add interest and costs to a verdict for breach of contract recovered against the State.”
City of Berlin v. State, 474 A.2d 1025 (N.H. 1984). · cites it 9× “” The State, however, contends that the last sentence of RSA 149:4, XIII, revives sovereign immunity with respect to contracts entered into by the WSPCC, to the extent that twenty percent of the exact dollar amount specified in the contract is exceeded.”
Bel Air Assocs. v. New Hampshire Dep't of Health & Human Servs., 910 A.2d 1232 (N.H. 2006). · cites it 3× “See RSA 491:8 (1997) (superior court may hear claims “founded upon any express or implied contract with the state”).”
Est. of Cargill v. City of Rochester, 406 A.2d 704 (N.H. 1979). · cites it 2× “1977) (state public works and highways, $300); RSA 541-B:12-14 (Supp.”
Riblet Tramway Co. v. Stickney, 523 A.2d 107 (N.H. 1987). · cites it 3× “RSA 491:8; see Morgenroth & Associates, Inc.”
United States v. Mottolo, 629 F. Supp. 56 (D.N.H. 1984). · cites it 2× “RSA 491:8 partially abrogates the State’s sovereign immunity and confers jurisdiction upon the superior court to decide claims against the State founded upon any express or implied contract with the State.”
Colebrook Water Co. v. Comm'r of Dep't of Pub. Works & Highways, 324 A.2d 713 (N.H. 1974). · cites it 6× “RSA 491:8. The case now transferred to this court arises from a petition for declaratory judgment (RSA 491:22) filed by the plaintiff in 1966 which in addition to relying upon the contract theory of the prior petition, alleges that the company "owned an interest in the land…”
Morgenroth & Assocs., Inc. v. State, 490 A.2d 784 (N.H. 1985). · cites it 2× “Morgenroth had proceeded against the State as well, alleging in effect that the State had obtained the benefit of the engineering plans in the course of discharging its responsibilities to provide and operate sewage and waste disposal facilities for the Winnipesaukee river…”
184 Windsor Avenue, LLC. v. State, 875 A.2d 498 (Conn. 2005). “Code § 32-12-02 (2005) (“[a]n action respecting the title to property, or arising upon contract, may be brought in the district court against the state the same as against a private person”); N.H. Rev. Stat. Ann. § 491:8 (2004) (“ftjhe superior court shall have jurisdiction to…”
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N.H. Rev. Stat. Ann. § 491:8(a): 1 case
Cooperman v. MacNeil, 465 A.2d 879 (N.H. 1983).
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