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The Bureau of Right-of-Way offers introductory answers to frequently asked questions received by our office. Any links throughout the answers will guide you to further information on our Web site or from other sources. Should you have any further questions, please consult our Contact Us page.
  • How much will the state pay for my property?
    • The state pays "Fair Market Value" for property needed. Fair Market Value is defined, as "The price a willing buyer would pay a willing seller for property". The basis for Fair Market Value is a Real Estate Appraisal.
  • Will I have an opportunity to look at the state’s appraisal?
    • Yes, when the Right of Way Agent contacts the property owner to make an offer to purchase property, a copy of the state’s appraisal will be provided to the property owner for review.
  • Can I hire an appraiser to value the impacts to my property?
    • Yes, the cost of your appraisal may also be reimbursable by the state. When the state begins the appraisal process you will receive a letter describing the guidelines that appraisals are to follow and reimbursement procedures and limitations.
  • Does the state acquire all property by eminent domain?
    • No, typically 90% of all acquisitions are settled amicably. The state always attempts to reach agreement with property owners prior to initiating the Eminent Domain process.
  • Who makes the final decision if my land is needed for a highway?
    • During the early stages of project development, public meetings are held to present project options and gather input. The culmination of this process is a "Formal Public Hearing" that impacted property owners are invited to. This hearing allows property owners to have input into the decision making process. The hearing is presided over by three members of the public, who are appointed by the Governor and council, they are considered "The Hearing Commission". In some cases the hearing commission is made up of three members of the Governor's council. This hearing Commission makes the decision if the project is needed and if property should be acquired for the project.
  • What assistance will the state provide to help me find a new home?
    • If your home is needed for a project a Right-of-Way Agent will work with you throughout the relocation process. This process is governed by the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 49 CFR, Part 24. This act provides relocation assistance and benefits to displaced persons. Benefits could include, moving cost reimbursement, replacement housing payments, reimbursement of closing costs, rent supplement payments and relocation advisory assistance. Further details can be found in the Departments publication "public projects and your property".
  • Will the state buy all of my property or just what’s needed for the project?
    • The state will only purchase land that is needed for the project, unless the property owner requests the state purchase all of their property. Requests for complete acquisition will be considered on a case-by-case basis.
  • If the property where my home is located is needed for a project how much time will the state give me to move?
    • As a minimum the state is required to provide 90 days. However, typically 9 to 12 months is provided between the time when the state makes an initial offer to purchase a property and the time when residents are required to move. In all cases the state is required to provide a comparable and affordable dwelling for the displaced residents to move into.

New Hampshire Department of Transportation
PO Box 483 | 7 Hazen Drive | Concord, NH | 03302-0483
Tel: 603.271-3734 | Fax: 603.271.3914

copyright 2015. State of New Hampshire