New Hampshire
How Berman v. Parker applies in New Hampshire: state-specific rules, key cases, and bar exam notes for Property.
New Hampshire recognizes the principles of eminent domain and the public use doctrine, emphasizing the state's authority to take private property for public purposes. However, New Hampshire law places significant importance on protecting property owners' rights and applying a stringent standard for what constitutes public use compared to broader interpretations seen in federal law.
In New Hampshire, eminent domain is governed by RSA 498-A, which requires that property taken must be for 'public use' and that the taking is necessary for the public good.
The court upheld a taking where the project significantly advanced legitimate governmental objectives, reinforcing the necessity of public benefit in eminent domain proceedings.
This case confirmed that economic development projects must meet a higher standard of public necessity to justify the use of eminent domain.
The court found that the taking was unconstitutional due to inadequate demonstration of public necessity in light of private benefit.
New Hampshire's approach to public use, while influenced by federal jurisprudence, tends to be more restrictive, requiring a closer nexus between the public benefit and the taking. Unlike the broader interpretations from the U.S. Supreme Court, New Hampshire courts are typically more deferential to property rights.
Eminent domain principles from cases like Berman v. Parker often feature in New Hampshire bar exam questions, particularly regarding the standard of public use and the requirements for the taking of private property.