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NHPropertyRights.com is working with legislators from all parties to educate them on this issue. Most real estate professionals and attornies thought that the legislature did deal with this problem in 1995 with the passage of HB 390 An Act Relative to Grandfathering of Subdivisions and Separate Lots. This legislation created RSA 674:39;a and added the last sentence to RSA 75:9 (see below). However the courts have not interpreted this intent and have continued to let municipalities bully homeowners. We need to clarify the intent of HB390 in our next legislative session and end involuntary merging in our state for good!
UPDATE: Senator Sgambati with co-sponsors Senator Roberge and Senator Bradely have introduced LSR #2707-S. Let's put our support behind this legislation and restore property owners rights!
75:9 Separate Tracts. – Whenever it shall appear to the selectmen or assessors that 2 or more tracts of land which do not adjoin or are situated so as to become separate estates have the same owner, they shall appraise and describe each tract separately and cause such appraisal and description to appear in their inventory. In determining whether or not contiguous tracts are separate estates, the selectmen or assessors shall give due regard to whether the tracts can legally be transferred separately under the provisions of the subdivision laws including RSA 676:18, RSA 674:37-a, and RSA 674:39-a.
Source. 1903, 24:1. PL 63:8. RL 76:9. RSA 75:9. 1969, 23:8. 1995, 291:2. 1998, 39:2, eff. Jan. 1, 1999.
674:39-a Voluntary Merger. – Any owner of 2 or more contiguous preexisting approved or subdivided lots or parcels who wishes to merge them for municipal regulation and taxation purposes may do so by applying to the planning board or its designee. Except where such merger would create a violation of then-current ordinances or regulations, all such requests shall be approved, and no public hearing or notice shall be required. No new survey plat need be recorded, but a notice of the merger, sufficient to identify the relevant parcels and endorsed in writing by the planning board or its designee, shall be filed for recording in the registry of deeds, and a copy mailed to the municipality's assessing officials. No such merged parcel shall thereafter be separately transferred without subdivision approval.
Source. 1995, 291:9, eff. Aug. 20, 1995.
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