New Hampshire Water Resources Board v. Pera

The question presented is whether the defendant, whose land has been taken by eminent domain, may recover interest and costs against the plaintiff in addition to the jury award. We hold that the defendant is entitled to interest on the award from the time of entry upon the defendant’s land by the State but is not entitled to costs. RSA 481:10 V.

It must be conceded that any recovery against the Board would be recovery against the State and that the State cannot be sued without its consent. This is so well established that extensive citations are not required. St. Regis Co. v. Board, 92 N. H.…