The hot item this week is HB 352: permitting the separation of lots deemed automatically consolidated under prior law. Last year the legislature eliminated the ability of towns and cities to automatically consolidate adjoining, nonconforming lots. HB 352 goes one step further by permitted property owners to separate lots previously consolidated under prior law. A hearing was held last Thursday. While the committee appeared to support the bill, opponents questioned the constitutionality of its retroactive effect. Personally, I do not see a constitutional problem. For more information than you probably need, click this link for a recent article I wrote summarizing the history of involuntary lot mergers and where things stand today.
Some of the other real estate bills we are watching:
HB 173: requiring commercial landlords to send eviction documents by certified mail to the tenant's last known address. This bill passed the House on February 9. It now moves to the Senate. This bill helps landlords by heading-off claims by tenants that they were never made aware of the eviction.
HB 243: enabling towns and cities to establish a local revenue option as an alternative to property taxation for the funding of local government costs. This bill would permit towns to implement an income, sales tax, value-added tax, or other revenue program, provided the tax or revenue program is applied proportionally and reasonably within the taxing district, and is designed to replace the revenue derived from property taxes. A hearing is scheduled for this Thursday, February 17.
HB 316: eliminating the requirement that property owners provide access to assessors to preserve the right to challenge tax assessments. Nothing new to report.
HB 639: requiring impact studies for large-scale retail development. This bill requires a municipality, as part of its review of a site plan for a large-scale retail development to demand a comprehensive impact study for "large-scale retail development" in municipalities that have authorized the planning board to review site plans; the bill sets out a $40,000 permit fee and procedures for requiring and review of the study, including a public hearing. The bill defines "Large-scale retail development" as "any retail business establishment having a gross floor area of 75,000 square feet or more in one or more buildings or structures at the same location and any expansion or renovation of an existing building or structure that results in a retail business establishment's having a gross floor area of 75,000 square feet or more in one or more buildings at the same location, whether located in a single structure, a single tenant space, an aggregate of buildings or structures, or tenant spaces in an aggregate of buildings or structures." A hearing is scheduled for this Thursday, February 17.
SB 42: requiring both sellers and buyers to file Declarations of Consideration following real estate transactions. Currently, buyers file the form, signed by both parties. The House Ways and Means Committee voted this bill "ought to pass." It now moves to the full House.
SB 125: permitting the deduction of personal services from the business profits tax. This is an important topic this year and there are several bills addressing the issue, such as HB 557 and HB 611. Hearings are scheduled for February 22 for NH 557 and HB 611. SB 125 would permit sole proprietors, general partners and LLC members to deduct "fair and reasonable compensation" for their personal services to the business from the business profits tax. No hearing has been scheduled yet.
