Chapter 121: Acquisition of Lands by United States for Purposes of Public Conservation, Forestry, Recreation, Experimentation or Demonstration

Subject to the provisions of this chapter, consent is given to the acquisition of lands in this state by the United States of America for any public purpose duly authorized by the laws of the United States.

There shall be a land use board consisting of the members of the planning and development commission. The members of the board shall serve without compensation. They shall establish reasonable rules of procedure and shall keep written records.

No land shall be acquired pursuant to this chapter until the acquisition shall have been recommended by the land use board and approved by the governor and council; but the provisions of this chapter shall not apply to the acquisition by the United States of sites for post offices, custom houses, or other public buildings or effect an amendment or repeal of RSA 123 or RSA 272.

At least 14 days before the land use board shall take action upon any proposed acquisition of land in any town or city, it shall, by letter addressed to the board of selectmen in such town, or to the board of mayor and aldermen in such city, advise it of the proposed acquisitions. At the request of the selectmen in such town or the board of mayor and aldermen in such city where the purchase of such land is contemplated, the land use board shall grant a public hearing in such town or city, or at some other convenient place. Provided, however, that no land shall be acquired under the provisions of this chapter until the acquisition of the same shall be approved by a majority of the voters present and voting at a regular or special town meeting in towns, or by a majority vote of the board of mayor and aldermen in cities.

The governor and council, upon recommendation of the land use board, are authorized on behalf of the state: (a) To accept leases or enter into other agreements with the United States, or a duly authorized agency thereof, for the administration and maintenance of any such lands, with or without improvements, upon such terms and conditions as they may consider proper. Net income derived from any of such lands which may be designated for administration by the state forestry department shall be disposed of by the governor and council in the same manner as other income received from state forests and forestry reservations; and all income from other such lands shall be covered into the general funds of the state; (b) To accept deeds from the United States, of any such lands, upon such terms and conditions as they may consider proper.

Lands which may be acquired under this chapter shall be such as by reason of quality, location, or condition are better adapted to public conservation, forestry, recreation, experimental, and demonstration purposes than for continued private ownership and development. Such acquisition shall be limited in total within the state to 2 percent of the total land area of the state, and shall be further limited in each town or city to an amount of land, the assessed valuation of which on April 1 of the preceding year was 5 percent of the total assessed valuation on such date of all the real estate in such town or city. The provisions of this chapter shall not limit the authority of the United States to acquire lands for the White Mountain National Forest within the boundaries established by proclamation of the president of the United States, dated October 26, 1929; and the limitations as to area and valuation contained in this section shall not apply to acquisitions within the boundaries of the existing White Mountain National Forest Purchase Unit, or any new national forest purchase units that may be recommended by the land use board and approved by the governor and council; nor shall such acquisitions be included in computing such limitations.

The commissioner of the department of natural and cultural resources shall annually prepare and file a report on the current inventory of federal landholdings within the state and calculate what percentage of New Hampshire land is held by the federal government in accordance with RSA 121:6. Such report shall be filed with the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before July 1.

The state shall retain concurrent jurisdiction with the United States in and over all lands acquired hereunder so far that the civil and criminal law of this state shall apply on said lands; and exclusive jurisdiction in and to said lands shall revert to the state when such lands shall cease to be owned by the United States.

No owner of land which the United States proposes hereby to acquire shall be required to sell by institution of proceedings for condemnation; but when a landowner shall have agreed to sell to the United States and the sale price has been agreed upon, proceedings for condemnation may be instituted for the sole purpose of clearing title.