Legal Briefs
The LGC Legal Services attorneys respond to a wide array of questions from member municipal officials. The following list includes some recent questions and answers (PDF format):
Land Use:
- Dual zoning board of adjustment and conservation commission membership
- Land use board member removal for malfeasance
- Planning board and property disputes
- Preemption of wind powered generation facilities
- Redirecting water to abutting land
- Withholding permit for money owed
- When an amendment is proposed to a municipal building code or zoning ordinance, when does it take effect?
- What guidelines apply when an individual is represented by an agent or other representative before a town official or board?
- What it means to "act as a board"
- When should there be an ex officio member?
- Zoning prohibitions against solid waste facilities in municipalities
Employment:
Roads:
- Class VI highway use regulation
- Trees in the Right of Way
- Selectmen control over road agent
- Plowing private roads, driveways, and class VI roads
- How can we tell if a highway has been established by “public travel"?
- Regulating overnight, storm or general parking on town rights-of-way
- Snowmobile use of highways
Governance:
- Abstention from voting
- Dual zoning board of adjustment and conservation commission membership
- Land use board member removal for malfeasance
- Procedure for removal of elected officials
- Selectmen control over road agent
- Home Rule: Do New Hampshire towns and cities have it?
- What guidelines apply when an individual is represented by an agent or other representative before a town official or board?
- When should there be an ex officio member?
- Is it possible to "ban" citizens from the transfer station?
- Town cemeteries – does a private cemetery satisfy the law?
- Summary eviction from short-term rental units – constitutional?
Town Meeting:
Taxation:
- Important News for Tax Collectors
- As justice may require tax deed authority
- Elderly and disabled tax deferral criteria
- What guidelines apply when an individual is represented by an agent or other representative before a town official or board?
- Why would a municipality refuse a tax deed, and what happens if they do?
- Town as landlord: Should a town rent property back to an occupant instead of taking the property by tax deed for unpaid taxes?
Welfare:
- Welfare overexpenditures
- When the municipality has the remains of an unclaimed body cremated, what should be done with the cremains?
- When is it appropriate to require a local welfare recipient to conduct a work search or participate in a local work program?
Visit the New Hampshire Town and City Article Index to access additional legal articles.