HB 1460-FN - AS INTRODUCED

 

 

2024 SESSION

24-2597

02/05

 

HOUSE BILL 1460-FN

 

AN ACT relative to the sale of county property.

 

SPONSORS: Rep. Burroughs, Carr. 2; Rep. Thackston, Ches. 12; Rep. Maggiore, Rock. 23; Rep. Merchant, Sull. 6; Rep. Stavis, Graf. 13; Rep. D. Paige, Carr. 1; Rep. Parshall, Ches. 8

 

COMMITTEE: Municipal and County Government

 

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ANALYSIS

 

This bill requires counties to assess county-owned real estate before any sale, transfer, or lease, and establishes certain notice requirements.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24-2597

02/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Four

 

AN ACT relative to the sale of county property.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Competitive Bidding on Sales and Leases of Real Property.  Amend RSA 28:8-c to read as follows:

28:8-c Competitive Bidding on Sales and Leases of Real Property. To transfer a valid interest, a sale or lease of real property owned by a county shall be made by the county commissioners by competitive bidding or in accordance with RSA 28:6-a and shall be ratified by a 2/3 majority vote of the county convention and the executive committee of the county convention. Property transferred under this section may be listed with a realtor.  Property transferred under this section may be transferred to a development authority at the discretion of the county.  Any proposed transfer under this section shall meet the following requirements:

I.  The county commissioners shall give adequate notice of a minimum of 15 days to the public of such a sale and the public shall be given an opportunity to actively participate in bidding for such property.

II.  The county shall provide notice of such sale in county newspapers at least 30 days prior to the sale, to ensure that all county residents have access to this notice. The sale shall also be posted on the county website, if available, with requests for proposals to purchase the property.

III.  The commissioners shall secure the services of a qualified appraiser to conduct an appraisal of the subject property. The commissioners shall ensure the appraisal is made available to the public on the county website for a minimum of 15 days prior to the execution of any purchase and sale agreement.

IV.  Any bid, not including sealed bids, that is submitted 30 days prior to the acceptance of a winning bid of the county property shall be considered by the county commissioners and made public.

V.  The public shall be given adequate notice of a minimum of 15 days prior to the acceptance of a winning bid for such property, and shall be provided with a reasonable opportunity for public comment prior to a purchase and sale agreement being executed.

2  Effective Date.  This act shall take effect 60 days after its passage.

 

LBA

24-2597

11/29/23

 

HB 1460-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to the sale of county property.

 

FISCAL IMPACT:      [    ] State              [ X ] County               [    ] Local              [    ] None

 

Estimated Political Subdivision Impact - Increase / (Decrease)

 

FY 2024

FY 2025

FY 2026

FY 2027

County Revenue

$0

$0

$0

$0

County Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Local Revenue

$0

$0

$0

$0

Local Expenditures

$0

$0

$0

$0

 

METHODOLOGY:

This bill requires counties to assess county-owned real estate before any sale, transfer, or lease, and establishes certain notice requirements.  The Association of Counties states this bill mandates county governments to advertise property leases or sales in two newspapers and on the county website.  Additionally, it requires counties to enlist an assessor to estimate the value of the land and buildings involved.  However, the fiscal impact on county governments remains indeterminable due to fluctuating lease and sale volumes each year in different counties. Additionally, the expenses related to newspaper notices and assessor fees vary across counties and specific projects, further complicating expenditure estimates.

 

It is assumed this fiscal impact will not occur until FY 2025.

 

 

AGENCIES CONTACTED:

New Hampshire Association of Counties