RSA 41 Choice and Duties of Town Officers
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Change 1
41:11-a Town Property.
I. The select board shall have authority to manage all real property owned by the town and to regulate its use, unless such management and regulation is delegated to other public officers by vote of the town, or is governed by other statutes, including but not limited to RSA 31:112, RSA 35-B, RSA 36-A:4, and RSA 202-A:6. II. The authority under paragraph I shall include the power to rent or lease such property during periods not needed for public use, subject to the following provisions: (a) If the proposed lease is for one year or less, then the selectmen may lease the property without further action by the legislative body; (b) If the proposed lease is for more than one year, then the legislative body shall vote to authorize the selectmen to enter into the proposed lease for a specific municipal property up to 99 years by majority vote. This vote to authorize a proposed lease of a specific municipal property, when the lease is for up to 5 years, is not required when the selectmen have been provided the universal lease authorization by the legislative body pursuant to paragraph III. III. Notwithstanding paragraph II, the legislative body may vote to grant the select board the authority to rent or lease any municipal property for a term of up to 5 years. Once adopted, this authority shall remain in effect until specifically rescinded by the legislative body at any duly warned meeting, however, such rescission shall not terminate any existing leases. IV. The governing body may choose to send to the planning board a list of real property owned by the town and managed by the select board that is in their judgment appropriate for development for residential use. No property acquired under tax deed pursuant to RSA 80 shall be added to this list. Source. 1994, 17:1. 2009, 121:1, eff. Aug. 21, 2009. 2025, 127:1, eff. Aug. 23, 2025; 141:209, eff. June 30, 2025.
41:11-a Town Property.
I. The select board shall have authority to manage all real property owned by the town and to regulate its use, unless such management and regulation is delegated to other public officers by vote of the town, or is governed by other statutes, including but not limited to RSA 31:112, RSA 35-B, RSA 36-A:4, and RSA 202-A:6. II. The authority under paragraph I shall include the power to rent or lease such property during periods not needed for public use, subject to the following provisions: (a) If the proposed lease is for one year or less, then the selectmen may lease the property without further action by the legislative body; (b) If the proposed lease is for more than one year, then the legislative body shall vote to authorize the selectmen to enter into the proposed lease for a specific municipal property up to 99 years by majority vote. This vote to authorize a proposed lease of a specific municipal property, when the lease is for up to 5 years, is not required when the selectmen have been provided the universal lease authorization by the legislative body pursuant to paragraph III. III. Notwithstanding paragraph II, the legislative body may vote to grant the select board the authority to rent or lease any municipal property for a term of up to 5 years. Once adopted, this authority shall remain in effect until specifically rescinded by the legislative body at any duly warned meeting, however, such rescission shall not terminate any existing leases. IV. The governing body may choose to send to the planning board a list of real property owned by the town and managed by the select board that is in their judgment appropriate for development for residential use. No property acquired under tax deed pursuant to RSA 80 shall be added to this list. Source. 1994, 17:1. 2009, 121:1, eff. Aug. 21, 2009. 2025, 127:1, eff. Aug. 23, 2025; 141:209, eff. June 30, 2025.
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