Can we sue our town for taxing us for over 15 years on wetland over 20 acres?

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Can we sue our town for taxing us for over 15 years on wetland over 20 acres?

We tried to see if there was funding to have our town purchase our land for conservation and the committee told us we shouldn’t be owning wetland over 10 acres. I went to the tax collector’s office and they agree and are looking into this matter. Should we hire a litigation attorney to sue for back taxes paid? We’re in Strafford County, NH.

Asked on October 5, 2011 under Real Estate Law, New Hampshire

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I have a hard time understanding your question. If you own real property, by statute you are obligated to pay property taxes upon it. Whether or not the municipality decided to not purchase your property is not the issue. You own the property and are obligated for its property taxes.

The governmental entity cannot take your property away from you without just compensation as a matter of law. One possibility is that potentially the parcel may be reassessed by the county tax assessor for a lower tax rate where you might get a rebate for prior property taxes paid if the land's value is less than what it is presently assessed for.

I suggest that you contact you county supervisor over the issues that you are having concerning your parcel.

Good luck.


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