NH law may restrict data collection on private property

[RoySwkr]

http://www.gencourt.state.nh.us/legislation/2011/HB0514.html

Absent a lawfully issued warrant, no person shall enter private property for data-gathering projects, including but not limited to biodiversity studies, endangered species or habitat surveys, sampling, or delineation, whether or not authorized by state or municipal agencies, boards, commissions, or any nongovernmental organization, without first giving written notice to the property owner and obtaining the prior written permission of such property owner.

I suspect this is intended to prohibit the discovery of endangered species or other objects which may restrict future land use.

Note that mapping is apparently not covered depending on what the map shows, nor are studies which don't require entry.

 

[Mike P.]

Wonder what this would mean for water testing?

Seems we can't have something in the middle on either side of this issue. Property owners should have some rights and freedoms. Are their actually places in NH that have the last moss, the last Hemlock tree, the last 7 inch nightcrawler? If they had the last Bald Eagle Nest, woudl tehy really adovcate, choppin the tree down that the nest was in?

If I live next to a property owner that wanted to have his land developed in such a manner that it may impact my property, my water, the enjoyment of my home, that's an issue too. If you sell to a mall developer, do I sell my land for a toxic dump so that no one wants to go to the mall? (that's not an answer, it's petty, but what my neighbor does may impact me)

Wonder what the underlying case is that is bringing this up now? (IMO, they don't bring bills up in a brainstorming session, what laws would be nice to have. Bills for Flood & Wind insurance get more traction in DC when a Representative's house is hit by Katrina for instance & they don't have flood insurance or that flood insurance is capped & shoreline homes often are worth far more.)

PA & NY are going through a big property rights scene with fracking at the moment. Drillers say it's safe, environmentialist point to cases where tap water has become flammable & what exactly is in the mix they fracture the shale with? (If you are really interested, there are other sites you can go to learn about Fracking from both sides)

Not really much of a time for development any way, is it? Tons of homes, plenty of mfg space has been given up in the last few years as jobs have been outsourced, don't need more ski resorts. As far as I know, no shale gas in New England & we can't heat with radon. Seems a property rights law wouldn't be standard OP for a wind or solar farm would it? (thinking better places for solar) can't really build a private hydo dam & not impact other people with water rights, could you? Don't need more retail space in NH, do you?

IMO, there's a story behind the scenes on this, someone feels they got the shaft.

 

[griffin]

IMO, there's a story behind the scenes on this, someone feels they got the shaft.

Or, someone's preparing to give one.

 

[tb69wemt]

Are their actually places in NH that have the last moss, the last Hemlock tree, the last 7 inch nightcrawler? If they had the last Bald Eagle Nest, woudl tehy really adovcate, choppin the tree down that the nest was in?

.

Yes...There actually are places in NH that have the last of its kind. I have spent a good part of my time and effort(along with F&G) towards saving this misunderstood and hated species. This bill would hamper these efforts.

http://www.wildlife.state.nh.us/Wildlife/Nongame/snakes/profile_timber_rattlesnake.htm

 

[kltilton]

This is an on-going issue with the land surveying profession. Many times planning and zoning boards require us to locate features on abutters properties such as buildings, wetlands, and vegetation lines. Most times, especially in the cases where we are working for a developer who is planning an "undesireable" use in a neighborhood, we are not welcomed by the abutting land owners to locate such features. Most of the times the boards are asking us to obtain this info to protect the abutters, but the abutters don't always see it this way.

I find it funny that the exceptions listed in the bill include real estate boundary surveys. In NH, we are "trespassing" on the neighbors land and have no legal standing to complete our survey if the abutting land owner asks us to leave.

Live free or die.

 

[peakbagger]

Pure speculation based on timing, could this be in support of the opposition to the Northern Pass Transmission Project ?.

There is a organized opposition to the project and one of the tactics is to deny access to the preliminary survey parties to private property, given the extensive permitting required I expect there is a whole lot of field work that will be required. There are most likely parcels in the path of the project that are under current use that are taking advantage of the tax reduction for allowing public access (which also allows a shield from liability for public access). This bill may allow a landowner to stay in current use with public access while denying access to project developers?

 

[Raymond]

This is probably related to the guy with a gun who confronted a woman who was on his property.

 

[TCD]

When I saw the thread title, I thought it was related to gathering the names and addresses of AMC lodging guests.