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Abutters ask Candia Select Board to explore negotiated purchase to keep small town parcels out of auction; board asks counsel to review title and liability
Summary
At a public hearing on nine surplus parcels the board opened comment and heard from abutters who proposed buying certain parcels and funding surveys/title work to preserve open space under RSA 8080. The auctioneer and board cautioned that titles are unclear; the board asked staff to summarize facts and send materials to town counsel before a second hearing scheduled for Sept. 23.
The Candia Select Board opened a public hearing Sept. 8 to gather comment on offering nine town-owned parcels deemed surplus; the parcels are part of a larger review in which several properties had been removed from the list because they were reserved for conservation.
Resident and abutter Matt Phillips (speaker 10) and others representing the Georges proposed an alternative to auction under RSA 8080. They asked the board to find that a negotiated sale—where abutters pay back taxes and interest, fund required surveys and assume liability for any subsequent claims—could preserve contiguous open space and avoid costly title work for the town. Phillips said the group would pay the calculated back taxes and interest, fund a survey to resolve a mis-mapped lot, and, if necessary, pursue quiet-title actions so the town would not bear the cost or legal exposure.
Town advisors and the auctioneer cautioned that several parcels have unclear or unmarketable title and that selling properties without clear ownership could expose the town to litigation. The auctioneer told the board that title research is needed and that surplus proceeds above taxes/interest can trigger interpleader obligations to find heirs. The board agreed conceptually that the abutters’ approach "sounds like a good idea if it all works out," but stressed that the town will not fund surveys or assume liability. The board directed staff to summarize the facts and send the file to town counsel for legal advice on RSA 8080 options and title risk.
Why it matters: the board’s handling of surplus properties affects potential conservation outcomes, the town’s exposure to legal claims over title, and whether small parcels are returned to productive tax rolls. Several parcels were described as wetlands or inaccessible/discontinued-road parcels; abutters argued consolidation would preserve open space and reduce administrative burden.
What’s next: the board will request counsel review of RSA 8080 and title issues before proceeding. A second public hearing on the auction process was scheduled for the board’s next meeting (listed in the meeting materials as Sept. 23). The board also noted the auctioneer may pursue additional research on other parcels before any sale.
Representative quotes and context are drawn from public comment and board discussion during the hearing.
