North Hampton Wrestles With Eminent Domain

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UPDATE In an effort to address digital connectivity issues, the town of North Hampton, NH recently determined its best option was to declare eminent domain and install a tower on land currently owned by Lori and Ronald Cotter. As Foster’s Daily Democrat reports, Cotter spoke publicly for the first time, roundly castigating officials for pursuing this course of action.

Pulling up the text of the law describing eminent domain, Cotter quoted, “No person’s real property shall be taken unless the real property is to be put to public use.” She asked if the proposed access road would be used by local residents. David Maxson, the town’s cell communications consultant, confirmed that it would be used to service the cell tower, but would not be available for public use. The tower itself would provide a paid service, the consultant noted, and would not be a free service for North Hampton residents.

“The company will make money and the town will be making more. So [our property] will be used to make money,” Cotter said. The Cotters could receive a one-time fee of $10,780 for the easement, which Cotter said would cover roughly two years of property taxes. She said that this would not address the disruption caused by the easement, which would create a physical barrier between her property and the property of her elderly mother. The proposed easement also runs through a section of the land where the Cotters have an in-ground pool that would be bisected if the eminent domain plans are approved.

The town has pointed to an existing easement with Aquarian Water that was the inspiration for using the same path for a cell tower easement. Cotter pointed back that this agreement was drafted in 1963, and has never been called into use. She said if a water line were needed, it would be underground and would benefit all area residents, which is very different than above ground construction that would be part of a business arrangement rather than a contribution to the public welfare.

Fosters Daily Democrat commented that this most recent town meeting garnered a large turn-out with the only speakers siding with the Cotters. According to the source, the previous meeting where attendees supported the eminent domain route was sparsely attended. Whether the eminent domain plans go through or not, the town needs to address its inadequate digital connectivity issues.

In a surprise development, neighbor Amy Margolis stood up and suggested that the Select Board build a cell tower on her land. “I have 50 acres of land at the edge of where [the proposed tower] would be,” she said, offering up her private land as an alternative site. “Just because you can do it at 168 Mill Road [the Cotter’s land] doesn’t mean you should.” She said she has already spoken with surrounding neighbors who were in agreement with her plan. Whether the town would require ordinances to use the land or would assume ownership of it is not clear at this time.

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