TITLE III
TOWNS, CITIES, VILLAGE DISTRICTS, AND UNINCORPORATED PLACES
Chapter 48-B
LEASING OF AIR RIGHTS
Section 48-B:1
48-B:1 Definitions. –
Terms used in this chapter shall have the meanings set forth below, unless a different meaning is clearly apparent from the language or context, or is otherwise inconsistent with the manifest intention of this chapter:
I. "Municipality" shall mean any city or town in the state;
II. "Legislative body" shall mean the town meeting in towns and the mayor and aldermen in cities;
III. "Governing board" shall mean the selectmen in towns and the mayor and aldermen in cities.
Source. 1969, 493:2, eff. Sept. 1, 1969.
Section 48-B:2
48-B:2 Air Rights. –
The governing board of a municipality, when authorized to do so by its legislative body, may lease, at one time or from time to time for a term or terms not to exceed 99 years, upon such terms and conditions as the governing board thereof in its discretion deems advisable, air rights over public streets and ways, public parking facilities and other public buildings, land and waters, owned by such municipality, or in which the public has a right to travel or in which such municipality holds less than a fee interest, excluding any dedicated park land, but including rights for support, access, utilities, light and air, for such nonmunicipal purposes as, in the opinion of the governing board thereof, will not impair the construction, use, safety, maintenance or repair of such streets and ways, facilities, buildings, land and waters; provided, however, such municipality shall not execute any leases which would either impair the use and safety of any highway, be solely for outdoor advertising structures or which would violate any provision of those regulations promulgated by the administrator of the Federal Aviation Administration. Any lease granted hereunder may, with the consent of the legislative body of the municipality, be assigned, pledged or mortgaged and the lien of such pledge or mortgage may be foreclosed by appropriate action. The proceeds from any such lease shall be paid into the treasury of such municipality. Any lease granted hereunder may be granted over public streets and ways in which the municipality owns the easement, but not a fee interest, without thereby disturbing the reversionary rights, if any, of the holder of the fee in such public street or way. Nothing herein shall derogate from the right of the municipality holding a fee interest in such streets, ways, facilities, buildings, land or water from conveying air rights in fee or by lease. Any lease promulgated under the authority of this chapter for air rights over state and state aid highways shall have the approval of the commissioner of transportation.
Source. 1969, 493:2. 2004, 257:33, eff. June 15, 2004.
Section 48-B:3
48-B:3 Applicability of Other Provisions of Law. –
The construction or occupancy of any building or other thing erected or affixed under any lease hereunder shall be subject to the building, fire, health and zoning ordinances of the municipality to the extent applicable. Any building, or other thing, erected over or affixed to any public street or way under this chapter are valid and declared legal and the same shall henceforth be legal structures over and in said streets and ways.
Source. 1969, 493:2, eff. Sept. 1, 1969.
Section 48-B:4
48-B:4 Taxability. –
Any building, or other thing, erected or affixed under any such lease shall be taxed to the lessee thereof or his assigns in the same manner and to the same extent as if such lessee or his assigns were the owners of the land in fee; provided that no part of the value of the land shall be included in any such assessment. The municipality may exercise all remedies provided generally for the collection of taxes and any such lease-hold estate may be sold or taken by the municipality for the nonpayment of any taxes assessed as aforesaid in the manner provided by law for the sale or taking of real estate for nonpayment of local taxes. The municipality shall include in any lease of such air rights a provision whereby the lessee agrees, in the event that the foregoing tax provision is determined by a court of competent jurisdiction to be inapplicable, to pay annually to the municipality a sum of money in lieu of such taxes which would otherwise be assessed thereon in such year.
Source. 1969, 493:2, eff. Sept. 1, 1969.
Section 48-B:5
48-B:5 Public Records. –
Each lease hereunder shall require that the lessee file with the clerk of the municipality, and amend as changes may occur, a statement under oath containing the names and addresses of the officers and directors, in the case of a corporation, and in the case of partnership or other voluntary association, the name and address of all persons having a financial interest in said lease. A copy of all leases granted by any municipality shall be kept on file and such leases shall be open to public inspection.
Source. 1969, 493:2, eff. Sept. 1, 1969.