Real Estate & Property Law

New Hampshire Supreme Court Upholds Taking Of Private Water Works

By Robert Thomas (inversecondemnation.com)

The New Hampshire Public Utilities Commission properly approved the taking of private water works by the City of Nashua. In Appeal of Pennichuck Water Works, Inc., No. 2009-274 (Mar. 25, 2010), the New Hampshire Supreme Court concluded taking was in the public interest, and that it resulted in a net benefit to the public.

New Hampshire law creates a rebuttable presumption that the acquisition of a privately-owned utility is in the public interest, and the court held that "those opposing the City's petition to acquire [the water works] had to demonstrate, by at least a preponderance of the evidence, that the proposed takings was not in the public interest." Slip op. at 9. Separately, the court determined that the taking had a "net public benefit" -- an analysis required by the New Hampshire Constitution. Slip op. at 9-10.

Overall, this case does not add much to the "public use" canon, although it is worth reading because it illustrates the two-step process public interest/benefit analysis required under New Hampshire eminent domain law.

Full post as published by inversecondemnation on April 05, 2010 (boomark / email).