New Hampshire 2022 Regular Session

New Hampshire Senate Bill SB378

Introduced
12/17/21  
Refer
12/17/21  
Report Pass
1/27/22  
Engrossed
3/23/22  

Caption

Relative to the disposal of highway or turnpike funded real estate.

Impact

If enacted, SB378 would amend existing state laws governing the sale and lease of highway or turnpike funded real estate, altering RSA 4:39-c. It specifically allows exceptions to the fair market value requirement, which is traditionally upheld to ensure transparent and equitable transactions. This change could lead to more strategic uses of state land, encouraging developments that support public needs or social interests, potentially enhancing community services and infrastructure.

Summary

Senate Bill 378 (SB378) addresses the disposal of real estate funded by highway or turnpike resources. It introduces a provision that allows the state to dispose of such properties at less than fair market value if it is deemed to be in the overall public interest. This provision is predicated on the presentation of social, environmental, or economic benefits, or when intended for non-proprietary governmental use. The bill aims to grant the Department of Transportation, along with the Governor and the Council, more flexibility in managing state-owned properties, particularly those that may serve greater public purposes beyond mere market valuations.

Sentiment

The sentiment surrounding SB378 appears largely supportive among lawmakers who advocate for greater governmental discretion regarding the utilization of state assets for public good. Proponents argue that this flexibility can facilitate quicker and more efficient responses to community needs. However, potential opponents could express concerns about transparency and accountability in the property disposal process, fearing that less stringent guidelines might lead to mismanagement or favoritism in transactions.

Contention

A notable point of contention arises from the bill's shift toward disposing of properties below fair market value. Critics might challenge whether certain decisions made under this provision would truly prioritize public interest or whether they could be exploited for private gain. Additionally, there may be fears regarding the adequacy of the safeguards intended to ensure that the disposals reflect genuine public benefits rather than arbitrary determinations by state officials.

Companion Bills

No companion bills found.

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