In New Hampshire v. Beattie, No. 2019-0460 (Nov. 19, 2020), the New Hampshire Supreme Court was presented with two alternatives about how to review a property owner's objection to the state commission's approval of the quick-take of land for a state highway. The owner "challenged the necessity and net-public benefit of the taking," slip op. at 2, but did not allege fraud or gross mistake. The question the Supreme Court considered was whether such allegations are the only way to challenge public use or necessity.
One possibility, argued by the state, was that the statute authorizing the commission to determine the laying out of highways governed. This statute provides that the only appeals from the commission's determination must be based on a claim of fraud or gross mistake. The property owner had a different take. He pointed out that the statute also noted that all acquisitions must be made "in accordance with" the general eminent domain procedure statute, and argued that under the usual eminent domain rules applicable to non-state commission takings, questions of public use and necessity are determined de novo. The trial court agreed with the state and dismissed because the owner had not claimed fraud or gross mistake.
The Supreme Court reversed. First, the court concluded that the standard of review is a procedural question, and thus is governed by the eminent domain procedural statute, not the commission's enabling statute. Next, the court held that de novo is the applicable standard of review, relying on an earlier decision which characterized property ownership rights as fundamental, entitling the owner "to a de novo trial before the superior court." Slip op. at 5. These fundamental rights cannot be altered based on whether the state or a municipality is doing the taking.
The court concluded that "the legislature clearly established that [the eminent domain procedure statute] is intended to completely and exclusively govern the procedure for" reviews of necessity, public purpose, and net-public benefit challenges to all takings. Slip op.a t 6-7.
New Hampshire v. Beattie, No. 2019-0460 (N.H. Nov. 19, 2020)