TITLE XII
PUBLIC SAFETY AND WELFARE
Chapter 162-Y
SURPLUS LAND REVITALIZATION PROGRAM
Section 162-Y:1
162-Y:1 Definitions. –
As used in this chapter:
I. "Authority" means the business finance authority established under RSA 162-A.
II. "Department" means the department of transportation established under 21-L:2.
III. "Commissioner" means the commissioner of the department of transportation.
IV. "Committee" means the long range capital planning and utilization committee established under RSA 17-M.
V. "State owned property" means real property held by the department of transportation.
Source. 2026, 335:22, eff. July 1, 2026.
Section 162-Y:2
[RSA 162-Y:2 repealed by 2026, 335:24, effective July 1, 2031.]
162-Y:2 Transfer of Property. –
The provisions of RSA 4:40 and 4:39-c notwithstanding, the governor and council may transfer surplus state owned property to the authority for certain uses consistent with the authority's purpose under the following procedure:
I. The authority shall petition the department to acquire property the authority determines to be suitable for purposes authorized by RSA 162-A:6, V, VI, VII, VIII, XIV, and XXIII, and such petition shall include a certification of the authority's intention to use the property for such authorized purposes. The petition shall also state whether the authority desires to lease or purchase the property from the department.
II. The department shall, in response to such petition, notify the authority in writing whether the department considers the property surplus and whether it agrees with the authority's determination that the property is suitable for use or uses authorized by RSA 162-A:6, V, VI, VII, VIII, XIV, and XXIII. This determination shall be at the department's sole discretion.
III. If the department considers the property surplus and suitable for the authority's intended use or uses, the department may decide to lease or sell the property to the authority. Upon making such determination, the department shall include in its written notice any terms and conditions of such transfer, including the price as provided for by RSA 162-Y:3.
IV. If the department and the authority reach an agreement on the transfer of the property, the department may submit the proposed transfer to the committee for review of whether the property is no longer needed by the state.
V. If the committee has already determined that the property is surplus under the processes set forth in RSA 4:39-c or RSA 4:40, then the committee's review shall be limited to whether any circumstances have changed that would affect its original determination. If the committee determines the property is surplus, it shall notify the authority and the department. The department may then request that the governor and council approve the agreement to transfer, and the same shall be effective upon approval.
VI. The department may, at any time prior to approval of the governor and council, rescind any agreement with the authority. Nothing herein shall require the department to transfer property to the authority.
Source. 2026, 335:22, eff. July 1, 2026.
Section 162-Y:3
162-Y:3 Compensation. –
Transfer of property under this chapter shall be for such price and subject to said further terms and conditions as in the opinion of the commissioner, are reasonable and appropriate to effectuate the purposes of this chapter, provided, however, that:
I. All proceeds from sales of surplus property owned by the department shall be deposited in the fund from which they originated.
II. Surplus property held by the department which was acquired, in whole or in part, with highway funds shall be transferred to the authority for not less than the minimum compensation required to replenish the highway fund in the amount for which the property was originally acquired.
III. Surplus property held by the department which was acquired, in whole or in part, with federal or turnpike funds shall be transferred to the authority for no less than the minimum compensation required by federal law or controlling turnpike revenue bond resolution.
Source. 2026, 335:22, eff. July 1, 2026.
Section 162-Y:4
162-Y:4 Uses of Property So Acquired. –
I. After acquiring state owned property through the procedure set forth in this chapter, the authority may develop such land and take any actions it deems necessary to further use or uses authorized by RSA 162-A:6, V, VI, VII, VIII, XIV, and XXIII.
II. The authority may lease, sell, or otherwise transfer property it acquires under this chapter if the tenant, purchaser, or transferee enters into a written agreement with the authority that the property will be used in a manner authorized by RSA 162-A:6, V, VI, VII, VIII, XIV, and XXIII. If any property so leased, sold, or transferred ceases to be used in such a manner, ownership and/or control of the property shall revert to the authority.
III. If the authority seeks to transfer the property to any third party for use or uses not authorized by RSA 162-A:6, V, VI, VII, VIII, XIV, and XXIII, the authority shall first offer to sell the property to the State of New Hampshire for an amount of compensation equal to that which the authority paid to acquire the property under RSA 162-Y:3.
Source. 2026, 335:22, eff. July 1, 2026.