Public Service Co. v. Lovejoy Granite Co.

The Public Service Company of New Hampshire seeks an order from the public utilities commission determining the necessity for and establishing the damages to be paid for an easement over certain land of the defendant, Lovejoy Granite Company. The commission granted the plaintiff’s motion to transfer to this court the following question: “Do the provisions of RSA 371:l-a or RSA 498-A: 1 govern the determination of the issue of damages arising in cases of eminent domain covering public utility facilities?”

RSA ch. 498-A (Supp. 1973) was enacted by Laws 1971, ch. 526 with the intent “to provide a…