Chapter 120: Acquisition of Lands by United States by Condemnation

Whenever the United States government cannot obtain by purchase any land required by it for public uses, it may, through its officers or agents, file in the office of the secretary of state, and also in the office of the clerk of the town in which the land is located, and cause to be recorded in the registry of deeds for the county, an accurate description thereof with reference to permanent bounds upon the land, accompanied by a correct plan of the same, and petition the selectmen of the town for an assessment of the damages to the owner by reason of the taking thereof. The selectmen shall thereupon appoint a hearing, give notice thereof, hear the parties, assess the damages, and file their return with the town clerk as required by law in the laying out of highways.

If the owner is dissatisfied with the award he or she may appeal therefrom to the superior court for the county by petition within 60 days after the filing of such return, and shall give notice of the appeal by giving in hand to, or leaving at the abode of, the United States district attorney for the district of New Hampshire a copy of the petition and summons thereon 14 days at least before the term at which it is to be entered, and the court shall thereupon assess his or her damages by a jury or other method, as the parties may agree.

The United States, upon payment or tender of the damages assessed by the selectmen, may enter upon the land and thereafterwards hold the same in fee, but shall pay to the owner any additional sum that is awarded to him by the jury or otherwise, with taxable costs, if he prevail.

In the taking of lands by the United States for any public purpose, by condemnation proceedings, it shall be sufficient notice to all parties interested, if an attested copy of the petition for such taking and summons or order of notice thereon, made by the court or selectmen petitioned, shall be given in hand to, or left at the last and usual place of abode of, all known interested parties residing in this state, and by a like service on all others, or by sending by registered mail a like copy to the last known post-office address of such known interested party, and by publication in such paper or papers and for such times as the court or selectmen petitioned may order.