---
title: "RSA 120 Acquisition of Lands by United States by Condemnation"
id: 8869cf8e-e04f-4f8b-bf65-a692b4bfd8e8
authority: us-nh
place: "New Hampshire"
applies_also_from: [us]
kind: statute
in_force: true
number: "120"
publisher_url: https://gc.nh.gov/rsa/html/IX/120/120-mrg.htm
solon_url: https://solon.orangecat.ch/law/8869cf8e-e04f-4f8b-bf65-a692b4bfd8e8
language: en
in_force_from: 2007-06-19
date_basis: retrieved
status: consolidated
source_url: https://web.archive.org/web/20070619052935id_/https://www.gencourt.state.nh.us/rsa/html/IX/120/120-mrg.htm
copied_from: internet_archive
copy_captured_on: 2007-06-19
read_on: 2026-11-08
sha256: 7b20033e84631b2e195ed7869ac942bdf0ed83b35d33cd0db3621230deb8ad16
provisions: 4
---

# RSA 120 Acquisition of Lands by United States by Condemnation

## 120:1 Taking, and Assessment of Damages. {#sec_120-1}

Whenever the United States government cannot obtain by purchase any land required by it for public uses, it may, through its officers or agents, file in the office of the secretary of state, and also in the office of the clerk of the town in which the land is located, and cause to be recorded in the registry of deeds for the county, an accurate description thereof with reference to permanent bounds upon the land, accompanied by a correct plan of the same, and petition the selectmen of the town for an assessment of the damages to the owner by reason of the taking thereof. The selectmen shall thereupon appoint a hearing, give notice thereof, hear the parties, assess the damages, and file their return with the town clerk as required by law in the laying out of highways.
Source. 1883, 1:3. PS 1:3. PL 1:3. RL 1:3.

## 120:2 Appeal from Award. {#sec_120-2}

If the owner is dissatisfied with the award he may appeal therefrom to the superior court for the county by petition within 60 days after the filing of such return, and shall give notice of his appeal by giving in hand to, or leaving at the abode of, the United States district attorney for the district of New Hampshire a copy of the petition and order of notice thereon 14 days at least before the term at which it is to be entered, and the court shall thereupon assess his damages by a jury or other method, as the parties may agree.
Source. 1883, 1:3. PS 1:4. PL 1:4. RL 1:4.

## 120:3 Tender of Damages. {#sec_120-3}

The United States, upon payment or tender of the damages assessed by the selectmen, may enter upon the land and thereafterwards hold the same in fee, but shall pay to the owner any additional sum that is awarded to him by the jury or otherwise, with taxable costs, if he prevail.
Source. 1883, 1:3. PS 1:5. PL 1:5. RL 1:5.

## 120:4 Notice of Condemnation. {#sec_120-4}

In the taking of lands by the United States for any public purpose, by condemnation proceedings, it shall be sufficient notice to all parties interested, if an attested copy of the petition for such taking and order of notice thereon, made by the court or selectmen petitioned, shall be given in hand to, or left at the last and usual place of abode of, all known interested parties residing in this state, and by a like service on all others, or by sending by registered mail a like copy to the last known post-office address of such known interested party, and by publication in such paper or papers and for such times as the court or selectmen petitioned may order.
Source. 1913, 196:1. PL 1:10. RL 1:6.