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The governor, with the advice of the council, may respite from time to time, for stated periods, the execution of a sentence of death upon a convict while proceedings are pending that may result in a new trial, or if they regard further time necessary for a proper investigation and consideration of facts bearing upon a question of absolute or conditional pardon pending before them, or if it appears to their satisfaction that the convict has become insane, or, being a female, is quick with child, until they have had sufficient time and opportunity for such investigation and consideration or the cause is removed.
Source. PS 20:5. PL 19:6. RL 27:7.
The governor, with the advice of the council, may, upon petition of a prisoner, grant him a pardon subject to such conditions as the governor considers proper, but a prisoner so pardoned shall, during the unexpired term of his sentence, violate no law, and he shall be in the custody of the state parole officer. The governor may issue his warrant to all proper officers to carry such pardon into effect and such warrant shall be obeyed and executed instead of the sentence originally imposed.
Source. 1931, 117:1. RL 27:8.
If a prisoner violates any of the conditions of his pardon, the warden, superintendent, or keeper of the institution in which the prisoner was confined shall forthwith cause him to be arrested and shall give written notice to the governor and council of such arrest.
Source. 1931, 117:1. RL 27:10.
The prisoner so arrested shall be returned forthwith to the institution from which he was released, and there confined for the unexpired term of his sentence unless the governor, with the advice of the council, after a hearing at the prisoner's request, shall otherwise order.
Source. 1931, 117:1. RL 27:11.
The governor may summon or cause to be summoned witnesses to appear before the governor and council to testify at hearings before them, and may require such witnesses to bring with them and produce at such hearings any books, papers or other memoranda or documents.
Source. 1911, 176:1. PL 19:7. RL 27:12.
The governor, with the advice and consent of the council, may acquire on behalf of the state, either by purchase or otherwise, as hereinafter provided, any real estate within the state which he may deem necessary for any military purpose, for public parks, public buildings, or for any other public improvement purposes and to accept deeds thereof in the name of the state; provided, however, that 60 days before a purchase of any real estate within the city of Concord or the Concord region, the governor shall provide written notice of such proposed purchase to the state-capitol-region planning commission. No dam or any real property appurtenant thereto or any rights and easements in either may be acquired pursuant to the authority of this section or any other provision of law except an act of the legislature which authorizes the acquisition of a particular dam, real property, or right or easement.
Source. 1917, 221:1. 1921, 131:1. PL 19:18. 1937, 180:1. RL 27:23. RSA 4:29. 1969, 399:1. 1991, 116:1, eff. July 13, 1991.
The governor and council, for the purposes aforesaid, are empowered to take and appropriate any such real estate for the use of the state in accordance with RSA 498-A; provided, however, that 60 days before a taking in the city of Concord or the Concord region, the governor shall provide written notice of such proposed taking to the state-capitol-region planning commission.
Source. 1917, 221:2. PL 19:19. RL 27:24. RSA 4:30. 1983, 297:12. 1991, 116:2, eff. July 13, 1991.
4:30-a Acquisition of Municipal Land Used for Conservation or Recreation.
If the state proposes to acquire any municipal land, under the provisions of RSA 4:29, 4:30, 233, 236, or of any other applicable section of RSA, for highway or other purposes, and such land had been used by said municipality for conservation or recreation, it shall first comply with the following requirements:
I. A public hearing shall be held which may be a special hearing or the hearing required by RSA 4:33, 233:10, 236, or by any other applicable section of RSA. At such public hearing and in any statutorily required notice thereof, and in a notice which shall be posted 90 days prior to the hearing, the state shall set forth the description of the land proposed to be acquired and the proposed use of such land, together with any reasons justifying the acquisition of such property rather than other land. The state may acquire such land, for highway or other purposes, unless, at any meeting called prior to said hearing to act on the question, the governing body of the municipality in which the land is located, by a majority of its members present and voting, votes to disapprove the proposed acquisition. Any approval or disapproval of such proposed acquisition which has been duly voted by the governing body of the municipality shall be certified to the appropriate state official or agency by the municipal officials at the public hearing or within 15 days thereafter.
II. In the event that the governing body votes to disapprove the proposed acquisition, the state may acquire such land only by filing a petition in the superior court for any order permitting it to do so. At the time the petition is filed, the state shall serve a copy thereof upon the municipality. After hearing any interested citizens and considering all the facts and the public policy of this state which encourages the use of land for recreation and conservation purposes, if said court finds that no other land is available as a satisfactory substitute for the land proposed to be taken, it shall issue an appropriate order.
III. When the state acquires any municipal land under the provisions of this section, it shall transfer to said municipality other comparable land and facilities to the extent feasible, or shall grant to said municipality sufficient funds to acquire comparable land and facilities for such purposes. The fact that the land and facilities are comparable within the meaning of this paragraph shall be determined by the order of the court or by the state agency acquiring the land, subject to any applicable statutory right of appeal therefrom.
IV. In order to transfer comparable land and facilities as provided in this section, the state, or the appropriate agency thereof, may by purchase or condemnation acquire such land and facilities. When title to the replaced land was vested in more than one municipality, title to the replacement land shall be vested in units to each of such municipalities in the same proportion as that in which the replaced land was held.
Source. 1967, 298:1. 1975, 196:1, eff. Aug. 1, 1975.
If the state, under the provisions of RSA 230 or any other statute, converts state property acquired or developed with federal assistance under the Land and Water Conservation Fund Act of 1965, as amended, to other than public outdoor recreation uses, the state may acquire, by condemnation or otherwise, other property of at least equal fair market value and of reasonably equivalent usefulness and location for substitution as required under said act.
Source. 1981, 341:1, eff. Aug. 16, 1981.
Any such takings and appropriations shall be prosecuted or defended on the part of the state by the attorney general under the advice of the governor and council.
Source. 1917, 221:2. PL 19:26. RL 27:31. RSA 4:37. 1983, 297:14, eff. Aug. 17, 1983.
The governor, with the advice and consent of the council, is authorized to draw his warrant upon any money in the treasury available for military purposes or not otherwise appropriated, in payment for real estate acquired for military purposes under the provisions of this chapter, or, if land is so acquired for other public purposes, only upon money appropriated for such purposes.
Source. 1917, 221:3. 1921, 131:2. PL 19:27. RL 27:32.
All real estate acquired under the provisions of this chapter shall be held by the state for the purposes for which it was acquired, until otherwise ordered by the legislature.
Source. 1917, 221:4. PL 19:28. RL 27:33.
The area in the city of Concord bounded by Pleasant, Fruit, Clinton, and South Spring streets, excluding any privately owned land and buildings, and also excluding the 2 stand-alone parcels known presently as city of Concord tax map 37, block 6, lots 17 and 19 together with the buildings and other improvements situated on such parcels, and known as the main campus of the New Hampshire hospital shall remain in its entirety the property of the state of New Hampshire, except such land as determined necessary for use by the city of Concord for approved municipal services may be conveyed in accordance with RSA 10:4 unless RSA 227-C:6 applies. If RSA 227-C:6 applies, such land shall be conveyed in accordance with RSA 227-C:9. The commissioner of administrative services, with the approval of the long range capital planning and utilization committee, shall designate the use of and be responsible for maintaining, with the exception of the interior maintenance and maintenance of grounds of certain properties pursuant to RSA 21-I:11, I(c)(1), and leasing any buildings on the main campus of the New Hampshire hospital in accordance with the following priorities: (1) department of health and human services and its lessees, (2) state departments, and (3) other government or nonprofit organizations performing a state-related function. RSA 10 shall not apply to the 2 stand-alone parcels known presently as city of Concord tax map 37, block 6, lots 17 and 19 or any building or other improvements situated on such parcels, and any proposed disposal of either or both of such parcels shall be subject to the provisions of RSA 4:40.
Source. 1987, 381:1. 1995, 310:181. 2005, 291:22. 2012, 254:2, eff. June 18, 2012. 2014, 327:37, eff. Aug. 2, 2014.
4:39-b Approval of State Agency Leases Exceeding 5 Years.
Any lease of land, buildings, or space to be used by any state agency, as defined in RSA 21-G:5, III, and which exceeds a term of 5 years, including all options, shall be reviewed and approved by the long range capital planning and utilization committee established in RSA 17-M prior to submission to the governor and council for approval.
Source. 1998, 276:5, eff. June 26, 1998.
4:39-c Disposal of Highway, Federal, or Turnpike Funded Real Estate.
Disposal of real estate purchased with state or federal highway funds, or both, or with turnpike funds shall occur as follows:
I. Upon recommendation of the commissioner of the department of transportation to dispose of or lease property purchased with state or federal highway funds or both, or turnpike funds, the request for disposal or leasing shall be reviewed and approved by the long range capital planning and utilization committee before submission to the governor and council for approval. Upon determination that the property is no longer needed by the state, the governor and council shall first offer it to the government of the town, city, or county in which the property is located. If the town, city, or county refuses the offer, the governor and council may sell, convey, transfer, or lease the real property.
II. Sales of real property under this section shall be at not less than current market value of the subject property, as may be determined by the governor and council. If the town, city, or county decides to resell the property, it shall first offer the property to the state at the market value at the time of sale.
III. The proceeds from a sale, conveyance, transfer, or lease under this section shall be credited to either the highway fund, restricted federal fund, or the turnpike fund, whichever fund provided money for the original purchase. Proceeds from a sale that results from money provided by the highway fund for payback of real property purchased with federal funds shall be credited to the department and shall be nonlapsing and continually appropriated to the department for the purposes of meeting federal obligations or reimbursing the highway fund for payment of federal obligations.
IV. This section shall not apply to the exchange of state-owned lands, which are under the jurisdiction of the department of transportation, for other lands of equal or greater value, during right-of-way negotiations, or to the sale of buildings that need to be moved to clear such rights-of-way for public projects found necessary under other state laws.
Source. 2005, 12:1. 2007, 100:1, eff. Aug. 10, 2007. 2019, 92:1, eff. Aug. 17, 2019. 2021, 91:136, 137, eff. July, 1, 2021.
4:39-d Leasing of State-Owned Real Estate on Public Waters.
Beginning January 1, 2010 the following shall apply to new leases:
I. Portions of real estate owned by the state that are on the shores of public waters, as defined by RSA 271:20, and managed by a state agency, except for the lands managed by the bureau of rail and transit in the department of transportation according to RSA 228:57-a, may be leased for private, noncommercial use by owners of adjacent residentially developed properties that are either fully constructed or for which owners can demonstrate incurring substantial liabilities in a reasonable good faith reliance on the absence of controlling law or regulation, known as vested rights, prior to January 1, 2011. The following shall constitute sufficient evidence of vested rights:
(a) The activities are specifically identified in a building permit application that has been approved by the appropriate municipal board or official with authority over building permits prior to January 1, 2011; or
(b) At a minimum, a concrete foundation, or its equivalent, for the primary structure was installed prior to January 1, 2011.
II. Any property owner meeting the requirements of this section may request in writing to be allowed to lease such property from the state. However, when the adjacent property is owned by more than one individual, such as a condominium association, the association, only as a single entity, may request the lease. In no case shall more than one access point to the leased property be allowed.
III. In addition to paragraph I, portions of real estate owned by the state and managed by a state agency that are on the shores of public waters as defined by RSA 271:20, may be leased by persons who can demonstrate the intent to provide a public use or benefit by utilizing the state land, provided the proposed lease is reviewed in accordance with all relevant procedures related to the disposal of state-owned property and provided the lease is compliant with all statutory requirements for the use of the land.
IV. Leases shall be for a period of not more than 5 years.
V. Leases may be renewed after the initial lease period has expired, provided that the use of the leased property remains noncommercial and private, payments have been made by the lessee according to the lease, all statutory conditions are met, and the lessee is compliant with all state and federal permit requirements. Such lease renewals shall not be for more than 5 years at a time, unless extended by authorization of the long range capital planning and utilization committee and the governor and council. This paragraph shall apply to all lease renewals regardless of their date of origin.
VI. Leases and renewals under this section shall be subject to all other requirements related to the disposal or lease of state-owned property, including but not limited to RSA 4:39-c and RSA 4:40. Nothing in this section shall be interpreted as limiting the ability of the state to impose reasonable conditions and restrictions or to determine a reasonable price with respect to any leased property.
Source. 2009, 254:1, eff. Jan. 1, 2010.
4:39-e Real Property Owned by State Agencies; Reporting Requirement.
I. On or before July 1, 2013, and biennially thereafter, each state agency, as defined in RSA 21-G:5, III, shall make a report identifying all real property owned by the agency. For each parcel of land owned by the agency, the report shall include any reversionary provisions or other deed restrictions, conservation or other easements, lease arrangements with third-party tenants, and any other agreement or encumbrance that may affect the future sale of the property, but only to the extent known by the agency or as may be determined through reasonable efforts. For each building or parcel of land leased to a third party by the agency, the report shall include the lease term. This section shall not apply to infrastructure properties used as the public rights-of-way for roads, highways, bridges, railroads, rail trails, rest areas, park and rides, or turnpike toll operations.
II. Each state agency shall file the report with the commissioner of the department of administrative services. The commissioner of the department of administrative services shall compile the reports from each agency and file a consolidated set of agency reports with the governor, the senate president, the speaker of the house of representatives, the chairperson of the senate capital budget committee, the chairperson of the house public works and highways committee, and the chairperson of the long range capital planning and utilization committee established in RSA 17-M:1.
III. The commissioner of the department of administrative services shall develop a standard format for agencies to use in submitting the report required under this section. The form of the report shall not be considered a rule subject to the provisions of RSA 541-A.
Source. 2012, 254:1, eff. June 18, 2012. 2019, 91:1, eff. Aug. 17, 2019.
4:39-f Bulk Disposal of Highway or Turnpike Funded Real Estate.
Notwithstanding RSA 4:39-c, the bulk disposal of real estate purchased with state or federal highway funds, or both, or with turnpike funds shall occur as follows:
I. The commissioner of the department of transportation may recommend the bulk disposal of real estate purchased with state or federal highway funds or both, or turnpike funds. The request for bulk disposal shall be presented for review and approval by the long range capital planning and utilization committee before submission to the governor and council for approval. Upon determination that the property is no longer needed by the state, the governor and council shall first offer it to the government of the town, city, or county in which the property is located. If the town, city, or county refuses the offer, the governor and council may sell, convey, transfer, or lease the real property.
II. Sales of real property under this section shall be at not less than current market value of the subject property, as may be determined by the governor and council.
III. The proceeds due back to the department of transportation from a sale, conveyance, or transfer under this section shall be credited as restricted revenue to the highway fund, or the turnpike fund, or whichever fund provided money for the original purchase. The funds shall be nonlapsing and continually appropriated to the department to be used for right-of-way property management, maintenance, operations, or betterment of state roads and bridges.
IV. The commissioner of the department of transportation shall, at least once annually, report to the long range capital planning and utilization committee on the status of all real estate previously approved under this section.
V. As used in this section "bulk disposal" means multiple properties within the department of transportation's real estate inventory, which are valued and presented to the long range capital planning and utilization committee as a whole for review and approval to be sold to multiple buyers.
Source. 2019, 346:147, eff. July 1, 2019.
Disposal of state owned real estate shall occur as follows:
I. Except as provided in RSA 4:39-c, RSA 228:31-b, and RSA 204-D, upon recommendation of the head of any state department having jurisdiction over the same, all requests for the disposal or leasing of state-owned properties shall be reviewed and approved by the long range capital planning and utilization committee, with advice from the council on resources and development, prior to submission to the governor and council for approval. Upon determination that the property is no longer needed by the state, the governor and council shall first offer it to the town, city, or county in which the property is located. If the town, city, or county refuses the offer, the governor and council may sell, convey, transfer, or lease the real property.
II. [Repealed.]
III. Sales of real property under this section shall be at not less than a current market value of the subject property as may be determined by the governor and council. If the town, city, or county decides to resell the property, it shall first offer the property to the state at the market value at the time of sale.
III-a. All state agencies shall charge an administrative fee for the disposal of real property under this section. The administrative fee shall be at least $1,100 and shall be subject to the approval of the long range capital planning and utilization committee, except that the committee may waive or approve a fee less than $1,100 in appropriate circumstances, provided the authority of the committee to waive or lower the fee shall be applied in a fair and consistent manner. The revenue from the administrative fees shall be deposited into the general, highway, turnpike, or fish and game fund, depending on which fund initially purchased the property, except that for disposals of real property by the department of natural and cultural resources the administrative fee shall be deposited into the separate account within the forest improvement fund, as provided in RSA 227-G:5, II(b), for the purchase and improvement of areas suitable for state reservations.
IV. This section shall not apply to sale of institutional lands as provided by RSA 10:4, to real estate given or bequeathed to the state under provisions of trust or in settlement of public assistance claims or liens, or to state lands or their products required to be held to procure a continuance of federal conservation work; provided, however, that the state-capitol-region planning commission shall be provided written notice 60 days before any sale in the city of Concord or Concord area. This section shall also not apply to the exchange of state-owned lands for other lands of equal or greater value, which are under the jurisdiction of a department and used by such department during right-of-way negotiations or to the sale of buildings that need to be moved to clear such right-of-way for public projects found necessary under other state laws.
V. No state-owned property adjacent to or providing access to a river or river segment shall be recommended for disposal by the council on resources and development except upon the review and recommendation of the advisory committee established in RSA 483:8.
Source. 1931, 105:1. 1935, 140:3. RL 27:34. RSA 4:40. 1982, 42:222. 1983, 428:5. 1986, 224:1. 1987, 381:2. 1988, 250:3, 8. 1990, 233:9. 1991, 116:3; 302:1. 1993, 25:1. 2005, 12:2; 212:4; 291:23, 26. 2006, 98:1; 307:1. 2008, 351:1, eff. Sept. 5, 2008. 2017, 156:14, I, eff. July 1, 2017.
The governor and council, upon petition and upon recommendation of the department of environmental services, and after consultation with the fish and game commission and such other state agencies as may be involved, may, for such consideration as they deem just, convey sand and gravel which is on the bed of any navigable water or great pond, in accordance with the provisions of this subdivision. For the purposes of this section great pond is defined as a public water of more than 10 acres.
Source. 1959, 113:2. 1979, 392:3. 1996, 296:34, eff. Aug. 9, 1996.
Every petition for such sand or gravel shall be referred to the department of environmental services. The department, after due notice to abutters and others as deemed necessary and upon investigation, shall make its recommendations to the governor and council. If the department shall recommend that the petition be granted such recommendation shall include appropriate specifications and conditions necessary to the protection of public rights and to the protection of the rights and privileges of persons owning land in the vicinity of the area from which the sand or gravel is to be taken.
Source. 1959, 113:2. 1979, 392:3. 1996, 296:34, eff. Aug. 9, 1996.
The grant of the governor and council shall be evidenced by an instrument in writing, executed by the governor and council and attested by the secretary of state and recorded in the county where the property is located.
Source. 1959, 113:2, eff. July 19, 1959.
Any payment received by the state as determined by the governor and council under the provisions of RSA 4:40-a for sand or gravel taken from the bed of a great pond or of any navigable river shall be paid over to the state treasurer and shall be available for general revenue of the state.
Source. 1959, 113:2. 1969, 148:2, eff. July 21, 1969.
Whoever removes sand and gravel from the bed of any navigable water or great pond in violation of any provisions of RSA 4:40-a, RSA 4:40-b, and RSA 4:40-c, shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
Source. 1969, 148:1. 1973, 529:2, eff. Oct. 31, 1973 at 11:59 p.m.
I. No state park, bridge, mountain, road, river, or body of water under the control of the state, shall be renamed without legislative approval.
II. Notwithstanding the provisions of paragraph I, if real estate is acquired by the state by gift or by purchase, and one of the requirements of the acquisition is that the real estate be named after a particular person or place, the real estate shall be so named without legislative approval.
III. The commissioner of the department of natural and cultural resources may name certain buildings within the state park system, subject to the approval of governor and council.
Source. 1971, 100:1. 1995, 60:1, eff. July 8, 1995. 2017, 156:14, I, eff. July 1, 2017.
4:44 Hearing Prior to Confirmation of Judicial Appointment.
Prior to making any judicial appointment with the governor under the provisions of the constitution, the executive council shall hold a public hearing to allow any member of the public who so desires to offer testimony on the prospective judicial appointee. Notice of the hearing shall be provided at least 7 days prior to the date of the hearing in at least 2 newspapers of statewide circulation. Prior to making the judicial appointment, the executive council shall consider the testimony made at the public hearing.
Source. 1997, 159:2, eff. Aug. 8, 1997.
I. The governor shall have the power to declare a state of emergency, as defined in RSA 21- P:35, VIII, by executive order if the governor finds that a natural, technological, or man-made disaster of major proportions is imminent or has occurred within this state, and that the safety and welfare of the inhabitants of this state require an invocation of the provisions of this section. As soon as practicable, the governor shall notify the speaker of the house of representatives and the senate president of the impending issuance of emergency orders under this section and provide a description of such orders. The general court shall have the same power to declare a state of emergency by concurrent resolution of the house and senate. An executive order or concurrent resolution declaring a state of emergency shall specify the:
(a) Nature of the emergency;
(b) Political subdivisions or geographic areas subject to the declaration;
(c) Conditions that have brought about the emergency; and
(d) Duration of the state of emergency, if declared by the governor and less than 28 days, or if declared by the general court and less than 90 days.
II. (a) A state of emergency shall terminate automatically 28 days after its declaration if declared by the governor, or 90 days after its declaration if declared by the general court, unless it is renewed under the same procedures set forth in paragraph I of this section. The governor may, by executive order, renew a declaration of a state of emergency no more than 3 times if the governor finds it is necessary to protect the safety and welfare of the inhabitants of this state. The general court may, by concurrent resolution, renew a declaration of a state of emergency as many times as it finds is necessary to protect the safety and welfare of the inhabitants of this state.
(b) If the governor finds that maintaining the state of emergency is no longer justified, the governor shall issue an executive order terminating the state of emergency.
(c) The legislature may terminate a state of emergency or any emergency order issued thereunder by a concurrent resolution adopted by a majority vote of each chamber. A majority for this vote shall consist of a majority of members present and voting in each chamber acting separately. A state of emergency shall terminate upon a concurrent resolution adopted by a majority vote of each chamber, under this subparagraph; provided, however, that such vote shall not preclude the governor from declaring a new emergency for different circumstances under paragraph I of this section.
III. During the existence of a state of emergency, and only for so long as such state of emergency shall exist, the governor shall have and may exercise the following additional emergency powers:
(a) To enforce all laws, rules, and regulations relating to emergency management and to assume control of any or all emergency management forces and helpers in the state.
(b) To sell, lend, lease, give, transfer, receive, or deliver materials or perform services for emergency management purposes on such terms and conditions as the governor shall prescribe and without regard to the limitations of any existing law, and to account to the state treasurer for any funds received for such property.
(c) To provide for and compel the evacuation of all or part of the population from any stricken or threatened area or areas within the state and to take such steps as are necessary for the receipt and care of such evacuees.
(d) Subject to the provisions of the state constitution, to remove from office any public officer having administrative responsibilities under RSA 21-P:34 through 21-P:48. Such removal shall be upon charges after service upon such person of a copy of such charges and after giving him or her an opportunity to be heard in his or her defense. Pending the preparation and disposition of charges, the governor may suspend such person for a period not exceeding 30 days. A vacancy resulting from removal or suspension pursuant to this section shall be filled by the governor until it is filled as otherwise provided by law.
(e) To perform and exercise such other functions, powers, and duties as are necessary to promote and secure the safety and protection of the civilian population.
(f) To declare an emergency temporary location or locations for the seat of state government at such place or places within this state as the governor may deem advisable under the circumstances and to take such action and issue such orders as may be necessary for an orderly transaction of the affairs of state government to such emergency temporary location or locations. Such emergency temporary location or locations shall remain the seat of government until the legislature shall by law establish a new location or locations or until the state of emergency is declared to be ended by the governor and the seat of government is returned to its normal location.
III-a. Notwithstanding the foregoing enumerated powers, civil liberties shall on no account be suspended, nor shall the United States Constitution or the New Hampshire Constitution be suspended.
IV. Members of the legislature shall be exempt from any emergency orders that would infringe on their ability to travel and conduct their business as representatives of the people.
V. No federal, private, or other non-state gift, grant, or loan for purposes of emergency powers of the state which exceeds $100,000, shall be accepted until such action shall be approved by the fiscal committee of the general court according to RSA 14:30-a, VI. Under this section, the governor shall submit an item to the chairperson of the fiscal committee of the general court for consideration by the fiscal committee. If the fiscal committee of the general court does not accept or reject the item within 5 business days, the governor may accept and expend the funds without further action by the fiscal committee.
VI. Under circumstances requiring emergency action for the immediate health, safety and welfare of the citizens of New Hampshire, the governor has the sole authority to accept and expend funds hereunder. Within 24 hours of the governor's acceptance or expenditure of funds pursuant to this section, the governor shall notify the senate president, speaker of the house of representatives, and chair of the fiscal committee of the general court of the acceptance or expenditure of such funds.
Source. 2002, 257:4, eff. July 1, 2002. 2021, 91:459, 460, eff. June 25, 2021. 2022, 11:3, eff. Apr. 4, 2022. 2023, 79:603, eff. June 20, 2023.
4:46 Taking of Private Property; Compensation and Use.
I. Whenever a state of emergency is declared or invoked and the taking of real or personal property is required, the governor with the advice and consent of the executive council may, by warrant specifying the particular real property and the personal property by specification of the types, quantities, and general location, together with the names of the owners, when known, authorize the commissioner of safety, by his or her agents, to:
(a) Take possession of any private real estate and the improvements on it for a limited period.
(b) Take title in the name of the state to any such improvement when the exigencies of the situation require its destruction.
(c) Take possession or title in the name of the state to:
(1) Any high explosives.
(2) Any horses, vehicles, motor vehicles, aircraft, ships, boats, or any other means of conveyance, including the rolling stock of railroads or of motor bus transportation.
(3) Any cattle, poultry, provisions for man or beast, clothing, bedding, medicines, and medical supplies in excess of the reasonable needs of the owner and the owner's household, during the expected duration of the emergency.
(4) Any fuel for heating or other necessary purposes.
(5) Any gasoline or other means of engine propulsion, or any communications equipment or systems.
I-a. Under no circumstances shall this section be construed to authorize the taking, confiscation, or seizure of firearms, ammunition, or ammunition components.
I-b. This section shall not apply to personal property owned by or intended for use by individuals or families.
II. Takings under this section shall be strictly limited to the necessities of the situation. The person proposing to take possession of any such property in the name of the state shall present to the owner or person in possession or control of the property a copy of the warrant under which the person purports to act certified by the commissioner of safety. Upon taking possession or control of such property the person shall present a receipt specifically listing the property so taken and specifically referring to the warrant authorizing the taking.
III. Whenever possession of any real estate or title to any personal property is taken under this section, its owner or possessor, hereinafter referred to as the claimant, shall be entitled to damages on account of such taking. Upon the taking of any such property, the chief justice of the superior court is authorized to appoint a commission of 3 suitable persons to assess fair and just compensation in cases in which the amount cannot be determined by agreement. The chief justice shall fix the per diem compensation of the members of the commission and fill any vacancies which may occur. The commission shall determine what sum shall justly compensate the claimant for the property so taken and may in the performance of its duties hire, and the state shall pay for the services of, such skilled and disinterested appraisers as the commission shall deem necessary to assist it in the performance of its duty.
IV. Any claimant aggrieved by the award made by the commission may appeal to the superior court from the decision within 60 days from the granting of the award. All final awards of judgments entered against the state in such proceedings and the fees and expenses of the commission shall be promptly paid by the state treasurer, on warrant of the governor and council, from any money in the general fund of the treasury not otherwise appropriated.
V. The property taken under this section shall be used in such manner as the governor, with the advice and consent of the executive council, shall deem in the best interests of the state, its inhabitants or the United States, which manner may include the sale at the prevailing market price or the gratuitous distribution of the articles enumerated in subparagraphs I(c)(3), (4) and (5). All moneys derived from the sale of any such property shall be paid over to the state treasurer and deposited in the general fund of the state.
VI. Any person who willfully takes possession of, or attempts to take possession of, property, purporting to act under this section but without authority to so act, whether by false pretense or otherwise, upon conviction, shall be guilty of a class B felony if a natural person, or guilty of a felony if any other person, and 1/2 of any fine imposed shall be paid to the owner of the property and 1/2 to the county.
Source. 2002, 257:4. 2003, 319:99, 100. 2006, 124:1, 2. 2012, 229:1, 2, eff. Aug. 17, 2012.
The governor shall have emergency management authority as defined in RSA 21-P:35, V, and pursuant to such authority may exercise emergency management powers including:
I. The power to enter into mutual aid agreements with other states relative to emergency management issues.
II. The power to provide for emergency lines of succession to such appointive offices in the state government as the governor in his or her discretion deems to be necessary to insure reasonable continuity of state government in the event of a disaster.
III. The power to make, amend, suspend, and rescind necessary orders, rules, and regulations to carry out the provisions of this subdivision in the event of a disaster beyond local control; provided that civil liberties shall on no account be suspended, nor shall the United States Constitution or the New Hampshire Constitution be suspended. The governor may declare a disaster in the event of a natural disaster or severe weather event in one or more municipalities.
IV. The power to cooperate with the President of the United States and the commanders of the United States armed forces, the Emergency Management Agency of the United States, and other appropriate federal officers and agencies of other states in matters pertaining to the emergency management of the state and nation, including the direction and control of:
(a) Drills, mobilization of emergency management forces, and other tests and exercises;
(b) Warnings and signals for drills or actual emergencies and the mechanical devices to be used in connection with them; and
(c) The evacuation and reception of the civilian population.
Source. 2002, 257:4, eff. July 1, 2002. 2022, 11:4, eff. Apr. 4, 2022. 2024, 358:4, eff. Aug. 2, 2024.
The office of the governor shall post all executive orders issued by the governor on the governor's website in what shall be known as the executive order registry. The office shall post the orders to the executive order registry within 72 hours of issuance by the governor. Upon the governor's departure from office, the executive order registry shall be transferred to the secretary of state, division of archives and records management and shall continue to be available to the public on the state website.
Source. 2018, 28:1, eff. July 14, 2018.