New Hampshire § 231-141 - Section 231:141 Acquisition of Trees.

§ 231-141. Section 231:141 Acquisition of Trees.

It shall be the duty of the tree warden to examine the trees growing within the limits of town public ways, village commons, parks, cemeteries, and other public grounds, and to designate from time to time such as may be reasonably necessary for the purpose of shade or ornamentation and to acquire them in the name of the municipality as hereinafter provided, if it can be done, either by gift or by purchase if at a fair price and funds either public or private are available. Failing in this, he or she may take said trees, including the right to maintain the same as shade trees, for the use of the town or city by appraising the fair value of the same and by causing to be served upon the owner thereof a notice of such taking, which notice shall state the number of each variety of tree so taken, the location of the same as near as practicable, and the value thereof as fixed by him or her, or by a committee selected for the purpose, and also by filing a copy of such notice as attested by him or her with the town clerk. If the owner shall be satisfied with the value stated in such notice, the tree warden shall cause the same to be paid to him or her forthwith. If the owner shall be dissatisfied, he or she may, within 30 days after said notice has been served upon him or her, but not afterwards, apply to the selectmen to assess his or her damages. Such proceedings shall thereupon be had, including the right of appeal, as are provided in the case of assessment of damages in laying out of highways by selectmen; and thereupon such damages, if any, may be awarded as shall be legally and justly due to the landowner.