Land Use & Zoning

Eminent domain in New Hampshire allows the government to take private property for public use provided:

AThe property owner agrees to the taking
BJust compensation is paid to the property owner✓ Correct
CThe property is vacant land only
DA court order is obtained from the NHREC

Explanation

Under the Fifth Amendment and NH Constitution Part 1, Article 12, the government may take private property for public use through eminent domain (condemnation), but must pay just compensation (fair market value) to the owner.

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