CHAPTER 4 POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES
Acquisition and Disposal of Real Estate
Section 4:39-d
4:39-d Leasing of State-Owned Real Estate on Public Waters. –
Beginning January 1, 2010 the following shall apply to new leases:
I. Portions of real estate owned by the state that are on the shores of public waters, as defined by RSA 271:20, and managed by a state agency, except for the lands managed by the bureau of rail and transit in the department of transportation according to RSA 228:57-a, may be leased for private, noncommercial use by owners of adjacent residentially developed properties that are either fully constructed or for which owners can demonstrate incurring substantial liabilities in a reasonable good faith reliance on the absence of controlling law or regulation, known as vested rights, prior to January 1, 2011. The following shall constitute sufficient evidence of vested rights:
(a) The activities are specifically identified in a building permit application that has been approved by the appropriate municipal board or official with authority over building permits prior to January 1, 2011; or
(b) At a minimum, a concrete foundation, or its equivalent, for the primary structure was installed prior to January 1, 2011.
II. Any property owner meeting the requirements of this section may request in writing to be allowed to lease such property from the state. However, when the adjacent property is owned by more than one individual, such as a condominium association, the association, only as a single entity, may request the lease. In no case shall more than one access point to the leased property be allowed.
III. In addition to paragraph I, portions of real estate owned by the state and managed by a state agency that are on the shores of public waters as defined by RSA 271:20, may be leased by persons who can demonstrate the intent to provide a public use or benefit by utilizing the state land, provided the proposed lease is reviewed in accordance with all relevant procedures related to the disposal of state-owned property and provided the lease is compliant with all statutory requirements for the use of the land.
IV. Leases shall be for a period of not more than 5 years.
V. Leases may be renewed after the initial lease period has expired, provided that the use of the leased property remains noncommercial and private, payments have been made by the lessee according to the lease, all statutory conditions are met, and the lessee is compliant with all state and federal permit requirements. Such lease renewals shall not be for more than 5 years at a time, unless extended by authorization of the long range capital planning and utilization committee and the governor and council. This paragraph shall apply to all lease renewals regardless of their date of origin.
VI. Leases and renewals under this section shall be subject to all other requirements related to the disposal or lease of state-owned property, including but not limited to RSA 4:39-c and RSA 4:40. Nothing in this section shall be interpreted as limiting the ability of the state to impose reasonable conditions and restrictions or to determine a reasonable price with respect to any leased property.