These guidelines shall apply to all Town-owned property, whether
acquired by tax lien or otherwise.
On an annual basis, the Assessor's office shall generate
an updated map/maps indicating all Town-owned parcels.
Sale of property may be initiated by a citizen request or by
Board of Selectmen action if it is judged that disposition is in the
Town's best interest.
The provisions of RSA 80:42 govern the transfer of tax liens
and the sale of property taken in default of redemption. Thus, the
Town may not transfer tax liens acquired by the Town at a tax collector's
sale during the two-year period allowed for redemption. Neither shall
the Town convey title to property acquired by the Town as a result
of a default of redemption from a tax sale unless the Town, by majority
vote at the annual meeting, shall authorize the Selectmen to convey
such property by deed.
The sale of Town-owned property, to the extent possible, shall
be handled as follows:
A. Such land shall be sold by either public auction or by sealed bid.
B. Town land to be considered for sale as a result of Board action or
citizen request shall be catalogued in a master file in the Town Manager's
office.
C. No Town land may be incorporated into the file or added to the list
after December 1 prior to Town Meeting. However, if 25 voters should
submit a petition requesting to purchase Town land after that deadline,
the land will be listed and included on the warrant without Selectmen
recommendation.
D. Once Town land is catalogued in the master file, a description of
the property shall then be transmitted to all interested Town departments,
boards and committees for their review and recommendation. In all
cases, the Conservation Commission and Planning Board shall be notified,
and their recommendation requested.
E. Sometime not later than 30 days before the Annual Town Meeting, the
Board of Selectmen shall warn and schedule a public hearing on the
proposed sale of all Town land. The warning of the public hearing
shall include a list of all Town land to be sold, including map numbers,
lot numbers and street locations.
F. For at least one week prior to the public hearing, the Town shall
post on the property which is being considered for sale a "For Sale"
sign. Such sign shall be legible from the street and shall contain
as well a telephone number to be called to gain additional information
about the Town land and the procedures to be followed in the sale
of the Town land.
G. All owners of abutting properties and owners of land that would abut
the property to be sold but for an intervening private or public way
shall be given written notice of the public hearing at least one week
prior to such meeting. Such notice will be mailed to the owner of
such property as indicated by the Town's tax records.
H. At the public hearing, the Town Manager shall review all comments
relative to the sale received from the administration, boards and
committees.
I. As soon as possible after the conclusion of the public hearing, the
Selectmen shall vote as to whether they will include in the Town Meeting
Warrant an article for the sale of a particular piece of property.
The Selectmen may, at such time, vote as to whether or not they will
recommend adoption by the Town Meeting of other warrant articles submitted
to them calling for the sale of Town-owned property.
J. The motion to place the land up for sale shall include any special
conditions of sale to be incorporated in the warrant article.
Any Town land which the Selectmen believe should be sold as
described in a separate warrant article. The warrant article shall
identify the property by Tax Map and lot number and street address.
The article shall also indicate whether or not the property is to
be sold by public auction or sealed bid. The article shall state also
any terms and conditions which the Selectmen believe should be included
in the deed transferring title to purchaser. If the Selectmen deem
it to be advisable, they may insert in the article language authorizing
the Selectmen to reject any and all bids or offers that are less than
the fair market value of the property.
[Amended 9-3-1991]
If the prior owner is local, then the owner should be notified
by certified mail, return receipt requested. Should the notice be
returned unopened, then it should be delivered by police carrier which
would determine that delivery had been made. If the prior owner is
not local, then they should be notified by certified mail, return
receipt requested. In this case, if the letter is returned, then it
should be kept on file, in its envelope, permanently. The notice should
contain the following.
A. A description of the land and the statement that the lot is now owned
by the Town.
B. A statement that any occupant shall be considered a trespasser and
treated accordingly, as of 30 days after the date of notice.
C. A statement that the prior owner may repurchase the land for the
amount of back taxes, interest, costs and upon such other terms and
conditions as the Board of Selectmen may deem appropriate, until 30
days has passed from the date of notice.
D. Finally the notice should state that the property will be resold
in the near future.
On the rare occasion that the good of the Town as a whole shall
be compromised if these guidelines are followed, the Board of Selectmen
may alter them to the degree necessary, provided that the vote at
Town Meeting is held. Said alteration shall be after formal vote declaring
a compelling or emergency situation by the Board of Selectmen following
a public hearing.
Nothing in these guidelines shall prevent a citizen from seeking
to place a citizen petition on the Town Meeting Warrant for sale of
town-owned land. However, such petitions, if made outside these guidelines,
shall be opposed by the Board of Selectmen.