State v. 101 Franklin Derry, LLC: New Hampshire Jury Upholds Eminent Domain Takings of Developer's Land for I-93 Exit 4A

A New Hampshire jury unanimously upheld the state's eminent domain takings of two development companies' land in Derry for the I-93 Exit 4A interchange.

After a four-day trial, a New Hampshire jury unanimously found that the state's eminent domain takings from two development companies for the long-planned Exit 4A interchange on Interstate 93 in Derry serve a public use, are reasonably necessary and will produce a net public benefit. The condemnees, 101 Franklin Derry, LLC and S&L Elm Street Holdings, LLC, had argued the project mainly serves the private Woodmont Commons development in Londonderry. The Attorney General announced the verdict on Tuesday, October 20, 2026, and the judge said an order consistent with it will follow.

Why it matters

The verdict shows how difficult a public-use and necessity challenge can be when a highway project has decades of planning behind it, even where a private development stands to benefit from the new access. For owners whose land is taken for infrastructure that also serves private growth, the case suggests the more productive fight is often over compensation rather than the state's right to take.

Case timeline · 3 entries Latest: October 20, 2026 — Attorney General announces unanimous jury verdict for the state

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