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1963 - Lane Memorial Library

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40 HAMPTON TOWN REPORT<br />

2. We believe that the resulting change of ownership<br />

which would occur in a comparatively short<br />

time would not be in the best interests of our community<br />

as it stands today.<br />

3. We believe that leaseholds issued by the Town<br />

have not adversely affected the growth and development<br />

of Hampton Beach as the quality, of construction<br />

has constantly improved.<br />

4. Financing for qualified borrowers has been<br />

available in adequate amounts fori construction and<br />

improvements on said leaseholds.<br />

5. Your committee feels that it would be highly<br />

improbable that the Town would ever be in a position<br />

to set values on individual leaseholds that would<br />

be fair and equitable to all parties involved.<br />

6. Your committee further believes that the<br />

Town should not be put in the position of forcing the<br />

present lessees (many of whom have held town<br />

leases for periods up to 50 years) to purchase this<br />

property against their wishes, as it would present<br />

a great financial problem.<br />

7. It would appear that the Town of Hampton<br />

does not have the power to transfer the proceeds<br />

from sale of Town land to an irrevocable trust fund<br />

for the benefit of the Town. The powers of a town<br />

as set forth in Chapter 31 of R.S.A. contain authority<br />

for towns to "take and hold in trust, gifts, legacies<br />

and devises made to them." No authority is<br />

therefore granted to towns to transfer their own<br />

property in trust. The power of a municipal corporation<br />

is derived solely from the laws of the<br />

State and must be confined by its charter or the<br />

laws which created it. It would thus appear a spe-

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