The New Hampshire Surface Use Compensation Agreement is a legal document that outlines the terms and conditions regarding the compensation for the use of a surface area, typically land or property, by another party. This agreement is crucial in situations where the utilization of a specific surface area for various activities, such as drilling, construction, mining, or any other potentially disruptive operation, is required. This compensation agreement serves to protect the rights of both the party seeking to use the surface area and the owner of the land. It ensures that fair compensation is provided to the landowner for any potential damages or inconveniences caused by the activities conducted on their property. The agreement typically covers factors like land value, duration of use, potential environmental impact, and any necessary restoration or reclamation efforts once the activity is concluded. There are different types of New Hampshire Surface Use Compensation Agreements, depending on the nature and purpose of the activity being conducted. Some common types include: 1. Oil and Gas Surface Use Compensation Agreement: This agreement is specifically tailored for oil and gas exploration and drilling activities. It addresses issues such as access to the property, the installation of necessary equipment, potential ecological impacts, and restoration requirements. 2. Mining Surface Use Compensation Agreement: This agreement pertains to surface mining activities and covers aspects like extraction methods, land disturbance, reclamation plans, and financial compensation. 3. Construction Surface Use Compensation Agreement: When construction projects require the use of a landowner's property, this agreement outlines the terms related to access, property protection, potential damages, and compensation for land utilization. 4. Renewable Energy Surface Use Compensation Agreement: In cases where renewable energy projects like wind or solar farms require the use of land, this agreement governs the conditions for access, infrastructure installation, environmental considerations, and compensation. Overall, the New Hampshire Surface Use Compensation Agreement is a comprehensive legal instrument that ensures a fair and equitable arrangement between landowners and parties seeking to use their property for specific activities. It aims to protect the rights and interests of all parties involved while addressing potential concerns related to land use, environmental impacts, and compensation.
New Hampshire Surface Use Compensation Agreement
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How to fill out Surface Use Compensation Agreement?
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FAQ
What are the legal requirements for posting property? Under state law (RSA 6), the legal manner of posting calls for posting durable signs with any words describing the physical activity prohibited, such as "No Hunting or Trespassing," in letters at least 2 inches high, and with the owner's name and address.
The land in question must be at least ten (10) acres in addition to the lands required to access and maintain any structures in size, or provide $2500 per year in agricultural or horticultural products. The exception to the ten-acre requirement is unimproved wetlands - such land can be any size such as a pond.
Current use is the means for encouraging the preservation of open space and conserving the land, water, forest, agricultural, and wildlife resources. Property owners with 10 or more acres of land, which are left in their natural state may apply.
GETTING OUT OF CURRENT USE There is no buy-out provision. Once the land is accepted, it is in forever and the status is passed to subsequent owners. Owner must physically change the use of the land to a non-qualifying use, or through sale or other disposal means, create a parcel less than 10 acres.
Q: Is there a statutory definition of farm? A: Yes, RSA -a defines farm as ?any land, buildings, or structures on or in which agriculture and farming activities are carried out or conducted and shall include the residence or residences of owners, occupants, or employees located on such land.
NH's Current Use Program is a perpetual dedication to maintain open space. As such, land is assessed on its' potential to grow agricultural crops, or trees.
When the use is changed, the Land Use Change Tax (LUCT) is assessed at the rate of ten percent of the property's market value. The point at which the LUCT must be assessed is controlled by RSA Chapter 79-A, IV (a) and is the date upon which actual construction begins.
GETTING OUT OF CURRENT USE Owner must physically change the use of the land to a non-qualifying use, or through sale or other disposal means, create a parcel less than 10 acres. Only the changed portion comes out, the rest remains in current use if it is still 10 acres or more or meets other criteria.