New Hampshire Home Inspections

Smith v. Ayotte
Federal Lawsuit Seeks to Close Door on New Hampshire’s Unconstitutional Home Inspections

Phil Smith is a homeowner in the town of Hollis, N.H. After he refused to allow searches of his family's home by government-hired inspectors, he lost his right to appeal his assessment—even though he wanted to appeal the assessed value of his land, not his home.

In this case, the Institute for Justice challenged in federal court a New Hampshire law that allowed government-hired inspectors, for the purposes of property tax assessment, to conduct blanket and warrantless searches of entire neighborhoods.  Any person who refused to allow a warrantless search of his home automatically lost his right to appeal his property-tax assessment.   The court dismissed the lawsuit on procedural grounds, but IJ has continued its work challenging unconstitutional inspection schemes across the country  

 

Essential Background

Images

Background on this case

Client Photo

Latest Release: Federal Judge Dismisses Lawsuit Challenging New Hampshire’s Unconstitutional Home Inspections (February 17, 2005)

Client Video - none available

 

Legal Briefs and Decisions

Launch Release: Federal Lawsuit Seeks to Close Door on New Hampshire’s Unconstitutional Home Inspections (August 25, 2004)

none available

Additional Releases

Maps, Charts and Facts

Media Advisory: Media Conference Announces Federal Lawsuit by New Hampshire Homeowners Challenging State’s Inspection Law (August 24, 2004)

Map: Inspection Laws Nationwide by State

 

Op-eds, News Articles and Links

 

Article: Live Free or Die? Hardly. IJ Challenges N.H. Home Inspection Law (October 2004)


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