New Hampshire

New Hampshire Revised Statutes

Title III. Towns, Cities, Village Districts and Unincorporated Places

Chapter 53-A. Agreements Between Government Units

N.H. REV. STAT. ANN. 53-A:2 Public Agency Defined.

For the purposes of this chapter, the term “public agency” shall mean any political subdivision of this state or of any adjoining state and any quasi-municipal corporation, including but not limited to school districts, village districts, regional water districts, and special districts.

N.H. REV. STAT. ANN. §53-A:3 Joint Exercise of Powers.

–Any power or powers, privileges or authority exercised or capable of exercise by a public agency of this state may be exercised jointly with any other public agency of this state. Such authority shall include, but not be limited to, the power to enter into agreements to share tax revenues resulting from local economic development efforts and with respect to cities and towns, the power to form the entities and conduct the activities provided for in RSA 162-G and RSA 31:134 through RSA 31:149.

  1. Any 2 or more public agencies may enter into agreements with one another for joint or cooperative action pursuant to this chapter. Appropriate action by ordinance, resolution or other action pursuant to law of the governing bodies of the participating public agencies shall be necessary before any such agreement may enter into force.
  1. Every agreement made hereunder shall, prior to and as a condition precedent to its entry into force, be submitted to the attorney general who shall determine whether the agreement is in proper form and compatible with the laws of this state. The attorney general shall approve any agreement submitted to him hereunder unless he shall find that it does not in substance meet the conditions set forth herein and shall detail in writing addressed to the governing bodies of the public agencies concerned the specific respects in which the proposed agreement substantially fails to meet the requirements of law. Failure to disapprove an agreement submitted hereunder within 30 days of its submission shall constitute approval thereof.

N.H. REV. STAT. ANN. §53-A:4 Filing of Agreement.

– Prior to its entry into force, an agreement made pursuant to this chapter shall be filed with the clerk of each municipality and with the secretary of state. An action shall be maintainable against any public agency whose default, failure of performance, or other conduct caused or contributed to the incurring of damage or liability by the other public agencies jointly.