What are the limits of eminent domain power?

Eminent domain is a power held by the government that allows it to claim private property for public use, such as for roads or public parks. This power in New Hampshire is guided by the New Hampshire Constitution and enforced through state and local laws. There are, however, limits to the power of eminent domain in New Hampshire. The primary limitation is that the government must have a legitimate public purpose or need for the property. For example, it cannot take property to benefit private individuals. The government must also follow proper procedures and provide proper compensation to the property owner. Another limitation in New Hampshire is the “doctrine of public necessity.” This doctrine states that the government cannot take property if there is a reasonable alternative that would equally serve the public purpose without taking the private property. Additionally, New Hampshire courts have found that the government cannot take property and give it to another private individual for their own use or benefit. This was established by a New Hampshire Supreme Court decision in 1989, where the court held that the property taken was not for a public use or purpose. Finally, another limitation in New Hampshire is the “time rule.” This rule states that if the government has not exercised its power of eminent domain within a reasonable amount of time, or abandoned its effort to do so, that the property owner’s right to just compensation and possession of the property may be restored. These are some of the limitations of eminent domain in New Hampshire. It is important for property owners to understand their rights if they believe their property is being taken by the government.

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What are the limits of eminent domain power?

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