Out of the woods…OHRV trail expansion targets Rush Road and Hillside Drive for Country Spirit Connection!

HONING IN II (Copy)  OHRV trail expansion once again took center stage at the BOS meeting Tuesday, September 19, 2017. This time BOS Chairman Kris Blomback alerted the audience that the OHRV committee is trying to expand the trail system to connect to Country Spirit Restaurant.

The committee originally floated the idea of using the sidewalks over the Rte. 114 bridge to cross over Rte. 202/9 from the north. However, the State of New Hampshire put the brakes on that idea.

Mr Blomback noted that the OHRV committee (Blomback is Select Board Representative) will once again be exploring the use of Rush Road to go under 202/9 to make the connection to Country Spirit. Looking at a map any sane individual can clearly see that the path from Edmunds’ parking lot to Hillside Drive would be the most logical connection to Rush Road. Wake up Hillside Drive homeowners!

Despite the fact that back on March 4, 2014, this very same request to use Rush Road was denied by the State of New Hampshire. What has changed? If the State of New Hampshire allows this now….one must recognize the contradiction and demand answers from the Attorney General’s office. (read here)

        “Mr. McGirr noted that one point made by Ross Bennett was that the Contoocook Valley ATV Riders are trying to turn Henniker into a tourist meca. They are in fact, just trying to get from one point to another. The club went to the Selectmen to ask for permission to utilize Rush Road, but the State said no to Rush Road. The club went back to the drawing board to come up with another route to connect the trails. (page 2 paragraph 3)

This expansion has always been billed as necessary for our local business. But of course when Mr. Bennett suggested that this might bring too many people who don’t respect the trail system and the peace and tranquility it provides residents in the Rural Residential Zone, (BOS meeting February 18, 2014)

“He [Mr. Bennett] is worried that the ordinance as written is not good for public welfare and is expressly written to develop OHRV tourism in town.” [snip] “Mr. Bennett noted that a recent article about the law enforcements issues in Coos County refers to a “wild west” mentality surround the trails and Fish and Game and law enforcement offices receive complaints about ATVs everyday”

.

Then two weeks after mr. Bennett’s comments March 4, 2014 , Scott Dias was quick to respond.

“Scott Dias, Craney Hill, sympathizes with the concerns brought forth. He said that there is a group of about 35 people and they most likely will not all be riding at the same time. He does not agree with the comparisons to the North Country because they are in economic doom and are trying to do what they can to create tourism. Mr. Dias supports the ordinance.”

What is most disconcerting is this, back on January 21, 2014 Chairman Blomback expressed his “concerns for liability” and the safety of ATV which are not recommended on paved roads. (page 2 paragraph 5)

Now anything goes. What has changed since 2014??? Why have your concerns gone away Mr. Blomback?

We were told that up North economic doom caused them to throw all caution to the wind and open up the north country…and HAVOC ensued.

Henniker is not as rural as the North Country…opening up property improved is cause for concern…and the peace and tranquility of your home is at stake here!

OHB…keeping it real… making it easier for you to find the facts so you can draw your own conclusions…..

“There are things public officials would never do if they thought somebody might call them out on it.”

http://www.onlyhennikerbruce.com

 

 

 

 

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Henniker’s Unpaid, Un-Redeemed Tax Problem…. Answer: RSA 80:76 Tax Deed…

delinquent-taxes1 (Copy) Trying to understand the overall tax requirements to run a town can be quite confusing. One has to work through a blizzard of RSA’s that regulate how all taxes (including your property tax) are created, levied and collected.

Then there is the creation of the town budget that outlines how much property tax actually needs to be collected. By the way…Department Heads will be presenting their budgets to the Board of Selectmen on Saturday, November 4th and Saturday, November 18th. Both of these meetings will start at 8:30am and be held at the Town Hall.

(I urge the public to attend these two meetings so you can observe how the budget is constructed. The Budget Advisory Committee (volunteers appointed by the BOS) will meet after that to deliberate suggested alterations of the draft budget. Since OHB is on that committee, I will alert you to the time and date of that meeting.)

Once one gets through the above mentioned required rules and regulations, you will discover that Town Government must operate under more rules and regulations  when trying to collect the UNPAID property taxes.

So what did OHB do over the summer? I opened an account online at the Merrimack County Registry of Deeds (click here). Inside this web site one can do title searches of all properties in Merrimack County, including good ole Henniker.

The drop down search menu for documents on this site is extensive, easily over 300 different types of personal documents are indexed and searchable. Including, mortgages, mortgage discharges, foreclosures, property tax lien notices, property tax liens and property tax lien redemption.

RSA 80:76 Tax Deed requires the Town’s Tax Collector to deliver a Collection Tax Deed to the Town on properties that have failed to redeem  properly recorded Tax Lien. (RSA 80:76) 

As er the RSA, the Town of Henniker has the right to refuse the Tax Deed as outlined below:

  • II. Notwithstanding the provisions of paragraph I, the collector shall not execute a deed of the real estate to a municipality when the governing body of the municipality has notified the collector that it shall not accept the deed because acceptance would subject the municipality to potential liability as an owner of property under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. section 9601 et seq., the Resource Conservation and Recovery Act, 42 U.S.C. section 6901 et seq., RSA 147-A and 147-B, and any other federal or state environmental statute which imposes strict liability on owners for environmental impairment of the real estate involved.
    II-a. In addition to the circumstances described in paragraph II, the governing body of the municipality may refuse to accept a tax deed on behalf of the municipality, and may so notify the collector, whenever in its judgment acceptance and ownership of the real estate would subject the municipality to undesirable obligations or liability risks, including obligations under real estate covenants or obligations to tenants, or for any other reason would be contrary to the public interest. Such a decision shall not be made solely for the private benefit of a taxpayer.
    III. When a governing body has, under paragraph II or II-a, served notice upon the collector it shall not accept the deed, the tax lien shall remain in effect indefinitely, retaining its priority over other liens. The taxpayer’s right of redemption as provided by RSA 80:69 shall likewise be extended indefinitely, with interest continuing to accrue as provided in that section. The tax lien may be enforced by the municipality by suit as provided under RSA 80:50, and through any remedy provided by law for the enforcement of other types of liens and attachments. If at any time, in the judgment of the municipal governing body, the reasons for refusing the tax deed no longer apply, and the tax lien has not been satisfied, the governing body may instruct the collector to issue the tax deed, and the collector shall do so after giving the notices required by RSA 80:77 and 80:77-a.

Upon reviewing Henniker and Merrimack County Registry of Deeds records, one will find properties on the Town of Henniker’s Tax Lien list that are more than 2 years un-redeemed and NO Tax Deeds have been executed.

The last tax deed issued and recorded at the Merrimack  County Registry of Deeds is dated August 13, 2014. The 5.6 acre property is located at the corner of Longview Drive and River Road (lot 612-B2)

A review of Board of Selectmen minutes shows no agenda item refusing the acceptance of any Tax Deeds for the reasons indicated in the RSA, despite numerous properties being tax delinquent for more than two years.

WHY?

Part II: how some homeowners, since the 1980’s, have been gaming the system by paying their two year lien in May and in June are right back on the unpaid tax list with a fresh new lien which will be paid in two years.

OHB…keeping it real… making it easier for you to find the facts so you can draw your own conclusions…..

“There are things public officials would never do if they thought somebody might call them out on it.”

http://www.onlyhennikerbruce.com