reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 230 - State Highways › Section 230:80 - Liability of the Department of Transportation; Standard of Care.

230:80 Liability of the Department of Transportation;  Standard of Care. –
I. The department of transportation shall not be held liable for damages in an action to recover for personal injury or property damage arising out of its construction, maintenance, or repair of public highways and highway bridges unless such injury or damage was caused by an insufficiency, as defined by RSA 230:78, and:
(a) The department of transportation received a notice of such insufficiency as set forth in RSA 230:78, but failed to act as provided by RSA 230:79; or
(b) The commissioner of the department of transportation who is responsible for maintenance and repair of highways or highway bridges, had actual notice or knowledge of such insufficiency, by means other than notice pursuant to RSA 230:78 and was grossly negligent or exercised bad faith in responding or failing to respond to such actual knowledge; or
(c) The condition constituting the insufficiency was created by an intentional act of an employee acting in the scope of his official duty while in the course of his employment, acting with gross negligence, or with reckless disregard of the hazard.
(d) The department of transportation shall adopt rules, under RSA 541-A, relative to procedures for written and oral notice, and for the transfer of personal knowledge regarding insufficiencies to responsible supervisory persons, to insure that information relative to such insufficiencies in the highway system is quickly communicated to those empowered to make decisions about repairs and posting.
II. Any action to recover damages for bodily injury, personal injury or property damage arising out of construction, repair or maintenance of its public highways or highway bridges shall be dismissed unless the complaint describes with particularity the means by which the department of transportation received actual notice of the alleged insufficiency, or the intentional act which created the alleged insufficiency.
III. The acceptance or layout of a public highway shall not be construed to confer upon the department of transportation any notice of, or liability for, insufficiencies or defects which arose or were created prior to such layout or acceptance.
IV. The setting of construction, repair, or maintenance standards of levels of service of highways and highway bridges by the commissioner, whether accomplished formally or informally, shall be deemed a discretionary, policy function for which the department of transportation shall not be held liable in the absence of malice or bad faith. However, the department shall develop and implement standards for the design and placement of rumble strips, drain grates, and road surface treatments that eliminate foreseen hazards for bicyclists by following federal guidelines.
Source.
1992, 188:2. 2008, 209:1, eff. Jan. 1, 2009.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 230 - State Highways › Section 230:81 - Snow, Ice and Other Weather Hazards.

230:81 Snow, Ice and Other Weather Hazards. –
Notwithstanding RSA 230:78-80, the department of transportation shall not be held liable for damages arising from insufficiencies or hazards on public highways or highway bridges thereon, even if it has actual notice or knowledge of them, when such hazards are caused by snow, ice, or other inclement weather, and the department of transportation's failure or delay in removing or mitigating such hazards is the result of its implementation, absent gross negligence or reckless disregard of the hazard, of a winter or inclement weather maintenance policy or set of priorities adopted in good faith by the officials responsible for such policy; and all department of transportation employees and officials shall be presumed to be acting pursuant to such a policy or set of priorities, in the absence of proof to the contrary.
Source.
1992, 188:2, eff. Jan. 1, 1993.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 230 - State Highways › Section 230:82 - When the Department of Transportation Is Not Liable.

230:82 When the Department of Transportation Is Not Liable. –
The department of transportation shall not be deemed to have any duty of care whatsoever with respect to the construction, maintenance or repair of class IV or V highways or highway bridges thereon, or municipally maintained portions of class II highways or highway bridges thereon. Upon any highway or other way with respect to which the department of transportation is found to have a duty of care of any kind, its liability shall be limited as set forth in this subdivision.
Source.
1992, 188:2, eff. Jan. 1, 1993.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 230 - State Highways › Section 230:83 - Commissioner of Transportation to Establish Program; Rulemaking.

230:83 Commissioner of Transportation to Establish Program;  Rulemaking. –
In addition to the powers and duties of the commissioner of transportation under this title, the commissioner:
I. Shall establish a sponsor-a-highway program by directly involving citizens, groups, associations, and the business community in the beautification of the state's highways.
II. May recognize a citizen, group, association, or business that sponsors and/or provides aesthetic maintenance on a section of highway by erecting a suitable recognition sign meeting the following criteria:
(a) The sign may consist of one or more panels, and shall be set in a location determined by the department to constitute no unreasonable safety risk to the public.
(b) The size, materials, method of installation, text, font, and color of the sign shall meet minimum standards of the Manual on Uniform Traffic Control Devices approved by the Federal Highway Administrator as the National Standard in accordance with Title 23 U.S. Code, Sections 109(d), 114(a), 227, 315, and 402(a), and 23 CFR 655, 49 CFR 1.48(b)(8), 1.48(b)(33), and 1.48(c)(2), as the same may be amended from time to time, provided that no sign may exceed 20 square feet in size.
(c) The citizen, group, association, or business shall be identified in a single section or panel constituting no more than
1/2 of the total area of the recognition sign.
III. Shall adopt rules under RSA 541-A to implement the provisions of this subdivision, which rules shall permit:
(a) Any section of a recognition sign not in compliance with this section to remain in place only until existing written agreements with the sponsor have expired; and
(b) Any section of a recognition sign that describes the former adopt-a-highway program to remain until the sign has served its useful life.
Source.
1993, 177:2. 2002, 234:4, eff. July 16, 2002. 2016, 251:1, eff. Aug. 9, 2016.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 230-A - Corridor Protection › Section 230-A:1 - Definitions.

230-A:1 Definitions. –
In this chapter:
I. "Corridor protection restriction" means a deeded conservation restriction, as defined by RSA 477:45, I, which conveys to a unit of government having power to lay out highways the right to wholly or partially prohibit development on a described tract of land within a highway planning corridor for a limited time period stated in the restriction, not exceeding 10 years.
II. "Development" means the subdivision of land or erection or construction of any structures or improvements on such land, or expansions or additions to such land, or any other action which will appreciably increase the future cost of acquiring such land, if such acquisition is required for highway purposes.
III. "Development permit" includes subdivision or site plan approval, building or zoning permit, or any other permit required by a unit of government as a prerequisite to development.
IV. "Layout authority" means the governor and council or a commission appointed by the governor in the case of class I and II highways, or the mayor and aldermen of a city, selectmen of a town, or village district commissioners of a village district in the case of class IV or V highways.
V. "Highway planning corridor" means an area of land which has been designated as such under this chapter.
VI. "Return" means a written report of the highway planning corridor designation proceedings, including the findings of occasion, and a detailed map showing the boundaries of such corridor. Such return need not include a full metes and bounds description of the corridor boundary.
Source.
1991, 309:2, eff. Jan. 1, 1992.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 230-A - Corridor Protection › Section 230-A:2 - Occasion for Layout.

230-A:2 Occasion for Layout. –
A layout authority may determine upon hearing whether there is occasion for the designation of one or more highway planning corridors. For class I or II highways, the location shall be proposed by the commissioner of the department of transportation. In making such determination the layout authority shall:
I. Identify public transportation needs for the present and foreseeable future.
II. Determine whether the public interest requires development restriction along proposed planning corridors.
III. Allow flexibility in planning the design of the highway.
IV. Consider methods to prevent disruption and relocation of residential neighborhoods, residences, and businesses and interference with utility facilities.
V. Determine the acquisition costs of subsequently developed property if a highway planning corridor is not established.
VI. Establish the termini and width of the proposed highway planning corridor.
Source.
1991, 309:2, eff. Jan. 1, 1992.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 230-A - Corridor Protection › Section 230-A:3 - Notice of Hearing.

230-A:3 Notice of Hearing. –
Notice of the hearing, together with a description of the proposed corridor, shall be given to the same parties with respect to such corridor, and in the same manner, as in the case of a highway layout hearing, pursuant to RSA 230:17-18 or 231:9-10, as the case may be, including every owner of land or other property within the proposed planning corridor.
Source.
1991, 309:2, eff. Jan. 1, 1992.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 230-A - Corridor Protection › Section 230-A:4 - Hearing.

230-A:4 Hearing. –
The layout authority, at the time and place appointed for hearing, shall make a personal examination of the proposed corridors, shall hear all parties interested who may attend, and may adjourn as it sees cause.
Source.
1991, 309:2, eff. Jan. 1, 1992.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 230-A - Corridor Protection › Section 230-A:5 - Appeal.

230-A:5 Appeal. –
Any owner of land or other property aggrieved by a finding of the layout authority on the matter of occasion for the layout of a highway planning corridor or alteration thereof, may appeal to the superior court, for the county in which such land or other property is situated, by petition within 60 days after the filing of the return with the secretary of state as provided in RSA 230-A:6. The burden of proof shall be upon the party seeking to set aside any finding of the layout authority to show that such decision is unlawful or unreasonable. All findings of the layout authority upon all questions of fact properly before the court shall be prima facie lawful and reasonable. The decision appealed from shall not be set aside or vacated, except for errors of law, unless the court is persuaded by the balance of probabilities, on the evidence before it, that said finding is unreasonable or unlawful.
Source.
1991, 309:2, eff. Jan. 1, 1992.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 230-A - Corridor Protection › Section 230-A:6 - Return.

230-A:6 Return. –
The layout authority shall make a return of the highway planning corridor, including a detailed map identifying the boundaries of such corridor, and file the return with the secretary of state, with every unit of government having the authority to issue development permits for the property located within such corridor and with the registry of deeds for each county in which such corridor is located.
Source.
1991, 309:2, eff. Jan. 1, 1992.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 230-A - Corridor Protection › Section 230-A:7 - Effect of Corridor.

230-A:7 Effect of Corridor. –
After the highway planning corridor return has been filed, no person shall subdivide any land, begin any development, or alter or expand any structure or use of land within such corridor, without first obtaining a corridor permit from the layout authority or its designated agent. The layout authority shall adopt by rules pursuant to RSA 541-A the form for corridor permits, and what constitutes submission of a completed application. No existing structure or established use of property within the corridor shall be affected.
Source.
1991, 309:2, eff. Jan. 1, 1992.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 230-A - Corridor Protection › Section 230-A:8 - Relationship to Other Land Use Permits.

230-A:8 Relationship to Other Land Use Permits. –
The corridor permit requirement shall be in addition to other federal, state or local permits which may be required for such development, and no development shall be exempt from a corridor permit by reason of any other permit, any grandfather clause, or any other exemption. Authorities issuing other development permits should inform applicants of the corridor permit requirement, but the corridor designation shall not interfere with or delay other development permit procedure, unless agreed to by the applicant. No zoning or other land use ordinance or regulation shall be deemed or required to be altered or modified by the creation of the corridor, but any permits issued under any such ordinance or regulation shall be deemed conditional upon the corridor permit.
Source.
1991, 309:2, eff. Jan. 1, 1992.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 230-A - Corridor Protection › Section 230-A:9 - Action on Application.

230-A:9 Action on Application. –
Within 60 days after receipt of a completed corridor permit application, the layout authority or its designated agent shall:
I. Determine that the impact of the proposed development on highway design planning and impact on the cost of possible acquisition is not substantial, and issue the permit;
II. Notify the applicant of its intent to take an interest in all or part of the land or other property, in which case, the date of notification shall constitute the date of valuation for taking purposes; or
III. Reach agreement with the applicant on some alternative action.
Source.
1991, 309:2, eff. Jan. 1, 1992.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 230-A - Corridor Protection › Section 230-A:10 - Payment or Tender of Damages.

230-A:10 Payment or Tender of Damages. –
Within 180 days after notice of intent to take an interest in property has been delivered under this chapter, the layout authority or its designated agent shall pay or tender damages for a specified interest in the applicant's property. The procedure for the payment or tender, and any appeals of assessments, shall be as set forth in RSA 498-A. If the layout authority fails to make a payment or tender within 180 days, the corridor permit shall be deemed to be granted.
Source.
1991, 309:2, eff. Jan. 1, 1992.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 230-A - Corridor Protection › Section 230-A:11 - Corridor Protection Restriction.

230-A:11 Corridor Protection Restriction. –
All property interests taken under this chapter shall be in the form of a corridor protection restriction, unless the layout authority or its designated agent makes a written finding that the public interest requires taking a greater property interest in the property. Reasons for such a finding may include, but are not limited to, a probable likelihood that the layout will eventually require a taking of greater property interest, or a substantial similarity between the appraised value of the greater property interest and the corridor protection restriction. The layout authority may amend the terms and duration of any corridor protection restriction to meet the needs of its planning process, but the duration of any term thereof shall not exceed 10 years, unless renewed.
Source.
1991, 309:2, eff. Jan. 1, 1992.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 230-A - Corridor Protection › Section 230-A:12 - Other Acquisitions.

230-A:12 Other Acquisitions. –
The layout authority may acquire corridor protection restrictions or other property interests within the highway planning corridor, absent the submission of a corridor permit application, provided, that, in its discretion, the layout authority determines that such acquisitions are consistent with the purposes of this chapter.
Source.
1991, 309:2, eff. Jan. 1, 1992.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 230-A - Corridor Protection › Section 230-A:13 - Corridor Amendments.

230-A:13 Corridor Amendments. –
The layout authority may add to the land area of any highway planning corridor, provided, however, that written notice shall be given to each owner of land or other property affected by the amendment, and no determination of whether there is occasion for the designation shall be made unless the amendment is based on new or revised findings of transportation needs.
Source.
1991, 309:2, eff. Jan. 1, 1992.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 230-A - Corridor Protection › Section 230-A:14 - Termination of Corridor.

230-A:14 Termination of Corridor. –
The highway planning corridor shall terminate:
I. Upon the filing of a return of highway layout and the acquisition of the property necessary for the highway for which the planning corridor was created; or
II. Upon a declaration by the layout authority that the corridor, or any portion thereof, is discontinued. The discontinuance of a highway planning corridor shall not be subject to appeal, and shall not entitle any person to damages.
Source.
1991, 309:2, eff. Jan. 1, 1992.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 230-A - Corridor Protection › Section 230-A:15 - Notice of Termination of Corridor.

230-A:15 Notice of Termination of Corridor. –
Notice of the corridor termination shall be given by first class mail to all owners of land or other property or their successors in interest, and governmental units to whom notice was sent under RSA 230-A:3.
Source.
1991, 309:2, eff. Jan. 1, 1992.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 230-A - Corridor Protection › Section 230-A:16 - Remedies.

230-A:16 Remedies. –
Penalties and remedies for violations of this chapter shall be the same as for violations of title LXIV, as stated in RSA 676:15 and 676:17; and, if any development occurs on any land within a designated highway planning corridor, without a corridor permit, the layout authority shall be entitled to exclude the value of such development from any compensation otherwise due upon the subsequent layout of a highway.
Source.
1991, 309:2, eff. Jan. 1, 1992.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 230-A - Corridor Protection › Section 230-A:17 - Municipalities.

230-A:17 Municipalities. –
The powers granted by this chapter may be exercised by a municipality either independently of, or concurrently with, the creation of an official map pursuant to RSA 674:9-15. The designation of a highway planning corridor by a municipal layout authority shall require the approval of the planning board or local legislative body, under RSA 674:40, III, but such corridor shall not be deemed to a "street" for purposes of title LXIV.
Source.
1991, 309:2, eff. Jan. 1, 1992.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 230-A - Corridor Protection › Section 230-A:18 - Intergovernmental Agreements.

230-A:18 Intergovernmental Agreements. –
The powers described in this chapter may be exercised jointly by the state and any municipality, or by 2 or more municipalities, utilizing RSA 53-A or any other lawful means of agreement.
Source.
1991, 309:2, eff. Jan. 1, 1992.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:1 - Class IV, V and VI.

231:1 Class IV, V and VI. –
All class IV highways not financed in whole or in part with federal aid highway funds, and class V and VI highways shall be laid out by the mayor and aldermen of the city, the selectmen of the town or the commissioners of a village district formed for the purpose of RSA 52:1, I(m) in which such highways are located, or by the superior court as hereinafter provided. In the case of a village district formed for the purpose of RSA 52:1, I(m), references in this title to "town" and "selectmen" shall be deemed to be references to "village district" and "village district commissioners", respectively.
Source.
1945, 188:1, part 3:2. RSA 232:2. 1967, 157:2. 1975, 455:3. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:2 - Class IV Compact Section Highways.

231:2 Class IV Compact Section Highways. –
All class IV highways shall be wholly constructed, reconstructed and maintained by the city or town in which they are located, and no state funds shall be expended thereon except as may be authorized by RSA 235.
Source.
1945, 188:1, part 2:7. 1949, 79:2. RSA 231:7. 1955, 333:1. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:3 - Class V Town Roads.

231:3 Class V Town Roads. –
I. All class V highways shall be constructed, reconstructed, and maintained by the city or town in which they are located; provided, however, that town road aid may be used for such purposes, and town bridge aid may be used for the construction or reconstruction of any bridge thereon, as hereinafter provided.
II. If a city or town accepts from the state a class V highway established to provide a property owner or property owners with highway access to such property because of a taking under RSA 230:14, then notwithstanding RSA 229:5, VII, such a highway shall not lapse to class VI status due to failure of the city or town to maintain and repair it for 5 successive years, and the municipality's duty of maintenance shall not terminate, except with the written consent of the property owner or property owners.
Source.
1945, 188:1, part 2:8. RSA 231:8. 1981, 87:1. 1995, 77:2, eff. June 8, 1995.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:4 - Village Districts Not Eligible for Road Funds.

231:4 Village Districts Not Eligible for Road Funds. –
Notwithstanding the provisions of RSA 231:1 and any other statutes to the contrary, village districts shall not be eligible to receive funds pursuant to RSA 235.
Source.
RSA 232:2-a. 1975, 455:4. 1981, 87:1. 1983, 122:1, eff. July 1, 1983.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:5 - Class IV Highways Financed by Federal Aid Funds.

231:5 Class IV Highways Financed by Federal Aid Funds. –
Class IV highway projects financed in whole or in part with federal aid highway funds shall be laid out under the procedures set forth in RSA 230 for class I and class II highways, except for the payment of expenses by the state under RSA 230:31. The commissioner of transportation shall keep an account of the cost of the land and other property taken or acquired, and of the cost of the services and the expenses of the commissioners, appointed to lay out the highway, and the cost of litigation incurred by the commission in the taking of the land and property, and he shall make these costs and expenses a charge against the federal aid highway project.
Source.
RSA 232:1-a. 1967, 157:1. 1981, 87:1. 1985, 402:6, I(b)(3).
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:6 - Highways to Public Waters.

231:6 Highways to Public Waters. –
Highways to public waters, when not a part of the primary or secondary highway system, may be laid out as class V highways by the mayor and aldermen of the city or the selectmen of the town in which such highways are located, or may be laid out as hereinafter provided by a commission appointed by the governor and council.
Source.
1945, 188:1, part 3:3. RSA 232:3. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:7 - Applicable Provisions.

231:7 Applicable Provisions. –
The provisions of RSA 230:9, 10, 11 and 12 are applicable to the mayor and aldermen of the city, the selectmen of the town and commissioners of a village district, in laying out class IV, V or VI highways.
Source.
RS 49:9-11. CS 52:9-11. GS 61:9-11. GL 67:9, 10, 13. PS 67:10, 11, 14. PL 74:10, 11, 14. RL 90:11, 12, 15. 1945, 188:1, part 3:4-6. RSA 232:4-232:7. 1959, 294:1. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:8 - Petition.

231:8 Petition. –
Selectmen of a town, upon petition, may lay out any new class IV highway not financed in whole or in part with federal aid highway funds, and class V or VI highway or alter any such existing highway within their town for which there shall be occasion.
Source.
RS 49:1. CS 52:1. GS 61:1. GL 67:1. PS 67:2. 1921, 31:1. PL 74:2. RL 90:2. 1945, 188:1, part 5:1. RSA 234:1. 1967, 157:3. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:9 - Notice.

231:9 Notice. –
Unless the selectmen are clearly of opinion that such petition ought not to be granted they shall cause notice in writing of the time and place of hearing appointed by them to be given at least 30 days previous to hearing to the first petitioner and to each owner of land over which such highway may pass.
Source.
RS 49:2. CS 52:2. GS 61:2. GL 67:2. PS 67:3. PL 74:3. RL 90:4. 1945, 188:1, part 5:2. RSA 234:2. 1981, 87:1. 1989, 28:1, eff. June 3, 1989.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:10 - Owner of Property; Notice.

231:10 Owner of Property;  Notice. –
Owners shall include tenants for life or years, remaindermen, reversioners, or holders of undischarged mortgages of record whose mortgages are dated not earlier than 20 years prior to date of filing such petition.
I. When the owner resides or lives within the state, notice shall be given to him in person or left at his abode or may be sent to him by certified mail.
II. When the owner does not reside or live within the state, notice may be given to the person, if any, who has the care or possession of the land or may be sent by registered mail to the owner's last known address.
III. If the owner is a person under guardianship or conservatorship notice shall be given to his guardian or conservator. If the owner is under any legal disability a guardian or conservator may be appointed.
IV. When the owner, or his residence, is unknown or uncertain, a copy of such notice, when posted in 2 public places in the city or town in which the land is situate, at least 30 days previous to hearing, shall be deemed sufficient notice to such owner.
Source.
RS 49:3, 5, 6. RS 52:4. CS 52:3, 5, 6. GS 61:3-6. GL 67:3-6. PS 67:4-7. PL 74:4-7. RL 90:5-8. 1945, 188:1, part 5:3-7. RSA 234:3-7. 1955, 56:3. 1973, 174:1. 1981, 87:1. 1989, 28:2, eff. June 3, 1989.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:10-a - Expenses Paid by Petitioner.

231:10-a Expenses Paid by Petitioner. –
All expenses in connection with any title search and notice to abutters and landowners required under this subdivision shall be borne by the petitioner requesting the reopening of an existing highway which has been subject to gates and bars.
Source.
1987, 17:1, eff. June 2, 1987.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:11 - Hearing.

231:11 Hearing. –
At the time and place so appointed the selectmen shall make a personal examination of the several routes proposed, and of the highways for which such new highway is designed to be a substitute, shall hear all parties interested who may attend and any evidence they may offer, and may adjourn as they see cause.
Source.
RS 49:7. CS 52:7. GS 61:7. GL 67:7. PS 67:8. PL 74:8. RL 90:9. 1945, 188:1, part 5:8. RSA 234:8. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:12 - Layout.

231:12 Layout. –
They may lay out such highway over any ground they may deem most suitable, and alter any highway as they judge proper, without regard to intermediate limits or particular monuments described in the petition.
Source.
RS 49:8. CS 52:8. GS 61:8. GL 67:8. PS 67:9. PL 74:9. RL 90:10. 1945, 188:1, part 5:9. RSA 234:9. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:13 - Joint Action.

231:13 Joint Action. –
The selectmen of 2 adjoining towns, acting jointly and by a vote of the major part of each board, may lay out any new highway, or alter any existing highway within such towns, for the accommodation of the public in the same manner as selectmen are authorized to do in their respective towns; and they shall make return thereof as required in case of laying out by selectmen in their town, and cause the same to be recorded by the clerk of each of the towns.
Source.
1859, 2219:1. GS 61:17. GL 67:21. PS 67:20. PL 74:20. RL 90:21. 1945, 188:1, part 5:10. RSA 234:10. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:14 - Apportionment of Cost.

231:14 Apportionment of Cost. –
The cost of such laying out or altering shall be apportioned between the towns by the selectmen acting as aforesaid; and their return shall not take effect until the apportionment is made.
Source.
1859, 2219:3. GS 61:19. GL 67:23. PS 67:21. PL 74:21. RL 90:22. 1945, 188:1, part 5:11. RSA 234:11. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:15 - Assessment of Damages.

231:15 Assessment of Damages. –
The selectmen shall assess the damages sustained by each owner of land or other property taken for such highway.
Source.
RS 40:13. CS 52:16. GS 61:15. GL 67:19. PS 67:18. PL 74:18. RL 90:19. 1945, 188:1, part 5:12. RSA 234:12. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:16 - Return.

231:16 Return. –
They shall make a return of the highway or any alteration by them laid out, describing the same and the width thereof, and cause the same to be recorded by the town clerk.
Source.
RS 49:12. CS 52:15. GS 61:14. GL 67:18. PS 67:17. PL 74:17. 1937, 97:1. RL 90:18. 1945, 188:1, part 5:13. RSA 234:13. 1971, 526:5. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:17 - Payment or Tender of Damages.

231:17 Payment or Tender of Damages. –
No land or other property taken for a highway or alteration shall be appropriated or used for making the same until the damages assessed therefor are paid or tendered to the owner or his guardian or conservator.
Source.
RS 52:1. CS 56:1. GS 64:4. GL 70:4. PS 71:4. PL 78:2. RL 94:2. 1945, 188:1, part 5:14. RSA 234:14. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:18 - To Nonresident.

231:18 To Nonresident. –
When the owner does not reside or live within the state, or the resident owner is temporarily residing outside of the state, damages may be paid or tendered to him in person or by check of the town sent by registered mail to his last known address.
Source.
1945, 188:1, part 5:15. 1949, 182:5. RSA 234:15. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:19 - When Owner or Resident Unknown.

231:19 When Owner or Resident Unknown. –
When the owner or person to whom damages are due is unknown or the identity of the person who may be entitled to damages or the amount thereof is uncertain, or his residence is unknown or uncertain, damages may be tendered to such owner or person by depositing with the town treasurer a sum of money equal to the damages assessed, and the town treasurer shall pay such sum without interest to such owner or person upon proof that he is the person entitled to such damages, and in case the town treasurer is not satisfied with the evidence that the claimant is the person entitled to such damages he may deposit the money for such damages with the clerk of the superior court for the county in which the land or property is situate, and the court, after due notice, shall determine whether such person is entitled to the damages. In the case of estates not settled or where doubt exists as to the person or persons entitled to damages, or the amount thereof, a deposit with the town treasurer shall be deemed a tender to the owner and the town treasurer shall notify the judge of probate for the county in which such real estate lies.
Source.
1945, 188:1, part 5:16. 1949, 182:6. RSA 234:16. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:20 - In Case of Dispute.

231:20 In Case of Dispute. –
Whenever dispute arises over title to land or other property acquired or over the person entitled to the damages awarded or purchase price, the selectmen may deposit the money for such damages or purchase price with the clerk of the superior court for the county in which such land or other property is situate together with a bill of interpleader in equity proceedings, and such deposit shall constitute sufficient tender. The court, after due notice to all claimants is given, shall determine the issues in dispute, and the clerk shall pay over the sum deposited to such persons as the court shall find are entitled thereto.
Source.
1945, 188:1, part 5:17. RSA 234:17. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:21 - Gates and Bars.

231:21 Gates and Bars. –
Any highway may be laid out subject to gates and bars across the same. In such case it shall be determined, and the return of the selectmen shall state, by whom the gates and bars shall be maintained. Whenever the public good requires it they may be removed and further damages assessed, upon like proceedings as in the laying out of highways.
Source.
1848, 742:1. 1850, 957:1. CS 52:12, 13. GS 61:12. GL 67:14, 15. PS 67:15. PL 74:15. RL 90:16. 1945, 188:1, part 5:18. RSA 234:18. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:21-a - Uniform Provisions Governing Class VI Highways.

231:21-a Uniform Provisions Governing Class VI Highways. –
All class VI highways, whether such class VI status resulted from a layout pursuant to RSA 231:21, a discontinuance subject to gates and bars pursuant to RSA 231:45, or by the failure of the town to maintain and repair such highway in suitable condition for travel thereon for 5 successive years or more as set forth in RSA 229:5, VII, shall be subject to the following provisions:
I. All such highways shall be deemed subject to gates and bars; provided, however, that any gates or bars maintained by private land owners shall be erected so as not to prevent or interfere with public use of the highway, and shall be capable of being opened and reclosed by highway users. The selectmen may regulate such structures to assure such public use, and may cause to be removed any gates or bars which fall into disrepair or otherwise interfere with public use of the highway.
II. Even though, as set forth in RSA 231:93, class VI highways are not subject to any municipal duty of care or maintenance, the municipality shall have the same regulatory authority over such highways as is the case with class V highways, including but not limited to the authority to regulate their use pursuant to RSA 41:11 and RSA 47:17, VII, VIII and XVIII, to regulate the excavation or disturbance of such highways pursuant to RSA 236:9 through 236:11, to regulate driveways and other access pursuant to RSA 236:13, and to establish weight limits pursuant to RSA 231:191.
Source.
1999, 113:1, eff. Aug. 9, 1999.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:22 - Previously Discontinued Highway.

231:22 Previously Discontinued Highway. –
Notwithstanding any other provisions of this chapter to the contrary, any owner who has no access to his land by public highway may petition the selectmen to layout, subject to gates and bars, a highway located where any previously discontinued highway was located. Upon receipt of such a petition, the selectmen shall immediately post notice thereof in 2 public places in the town in which the land is situated and shall mail like notices to the owners of the land over which such highway may pass, postage prepaid, at their last known mail addresses. Unless written objection to such layout is filed with the selectmen within 60 days after the posting and mailing of such notice, the highway shall be laid out, subject to gates and bars, in the location in which it previously existed if the selectmen find that the petitioner in fact has no other access to his land by public highway. The selectmen shall assess the damages sustained by each owner of land or other property taken for such highway, which damages shall be paid by the petitioner. They shall take and cause to be recorded by the town clerk a return as required by RSA 231:16. The petitioner and all those succeeding him in title shall be required to maintain the gates and bars and to maintain the highway so laid out at their own expense. In the event written objection to such layout is filed with the selectmen prior to the expiration of said 60-day period, the petition shall be deemed to be a petition filed for the layout of a new class IV, V or VI highway in accordance with RSA 231:8, and all the provisions of this chapter shall be applicable thereto.
Source.
RSA 234:18-a. 1963, 274:1. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:22-a - Reclassifying a Class VI Highway.

231:22-a Reclassifying a Class VI Highway. –
I. A class VI highway or portion thereof may be reclassified by vote of the town as a class V highway, or as a class IV highway if located within the compact sections of cities and towns as set forth in RSA 229:5, IV and V.
II. The warrant article for such a reclassification may be inserted either by the selectmen pursuant to RSA 39:2, or by petition pursuant to RSA 39:3. The reclassification shall become effective upon a majority vote of the registered voters present and voting at any annual or special meeting, or at such later time as may be specified by vote of the meeting.
III. Any class VI highway may be made subject to reclassification under this section, regardless of whether such class VI status resulted from a layout pursuant to RSA 231:21, a discontinuance subject to gates and bars pursuant to RSA 231:45, or by the failure of the town to maintain and repair such highway in suitable condition for travel thereon for 5 successive years or more as set forth in RSA 229:5, VII.
IV. A town meeting vote to reclassify a class VI highway under this section may provide that the highway be conditionally reclassified upon compliance with betterment assessments, as provided in RSA 231:28-33, even if such condition was not stated as part of the warrant article. The public hearing required by RSA 231:28 shall be held within 90 days of such a vote, or within such longer period as the vote may specify. The owners of property abutting or served by the highway shall have the same rights and remedies as provided in RSA 231:28-33, including the right to submit, within 10 days following the public hearing, a petition not to conditionally reclassify the highway. The costs assessed against the owners by the selectmen shall not reflect construction standards any higher or more stringent than those reflected in the best town highway giving access to the highway or portion thereof being reclassified. However, this paragraph shall not be deemed to limit the authority of the planning board to impose more stringent construction standards as a condition of approving new development.
V. This section shall not be deemed to limit the authority of the selectmen to layout an existing class VI highway as a class IV or V highway upon petition pursuant to RSA 231:8. This section shall not affect the classification of any highway which has been reclassified by other means prior to June 18, 1990.
Source.
1990, 155:1, eff. June 18, 1990.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:23 - Conditional Layout.

231:23 Conditional Layout. –
Whenever a highway will be of special advantage to any individual the selectmen may require him to bear such portion of land damages and expenses of constructing and maintaining it, and the gates and bars across it, if any, or any of the same, as they may deem just; and the highway may be laid out subject to such condition.
Source.
1850, 957:1. 1871, 20:1. GL 67:16; 78:4. PS 67:16. PL 74:16. RL 90:17. 1945, 188:1, part 5:19. RSA 234:19. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:24 - Winter Roads.

231:24 Winter Roads. –
The selectmen, upon petition, may, in any case where, in their judgment, the public good requires it, layout a public road exclusively for winter use, such public road to be open only from November 15 until April 1, and they shall assess the damages to the owners of land over which such road may pass in the form of yearly rentals. Hearings shall be had upon 7 days' notice to landowners. In all other respects such laying out shall be subject to the provisions for laying out a class V highway.
Source.
1897, 88:1. PL 74:22. RL 90:23. 1945, 188:1, part 5:20. RSA 234:20. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:25 - Towns on Connecticut River.

231:25 Towns on Connecticut River. –
Any town in this state situated on the Connecticut river may, at any legal town meeting, authorize the selectmen of such town to unite with the selectmen or other proper officer of any contiguous town or towns in the state of Vermont, and contract with them for the purchase of any real estate, or the privilege, easement or franchise of any bridge, if in their opinion the public good requires a highway to be laid out over said property, or so near thereto as seriously to affect the value thereof.
Source.
1945, 188:1, part 5:21. RSA 234:21. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:26 - Agreement as to Expenses.

231:26 Agreement as to Expenses. –
The selectmen of such town may agree as to the proportion of expense to be borne by each town in such purchase, and in the construction and maintenance of a highway over said river, including a bridge and the piers, abutments and approaches thereto, and as to the proportion which each town shall contribute towards the payment of damages to third persons injured in the use of such highways, subject to the approval of the town; and any contract executed between the selectmen of such towns shall be legal and binding when approved by the towns directly interested therein, or if made under the authority of such towns.
Source.
1945, 188:1, part 5:22. RSA 234:22. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:27 - Boundary Lines of Town Highways.

231:27 Boundary Lines of Town Highways. –
Selectmen may reestablish the boundary lines, limits and locations of any class IV, V or VI highway or any part thereof which shall have become lost, uncertain, or doubtful, and shall have the same powers and shall proceed in the same manner as the commissioner of transportation as provided in RSA 228:35.
Source.
1945, 188:1, part 5:23. 1950, 5:1, part 9:1, par. 2. RSA 234:23. 1981, 87:1. 1985, 402:6, I(b)(3).
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:28 - Conditional Layout for Existing Private Rights-of-Way or Class VI Highways.

231:28 Conditional Layout for Existing Private Rights-of-Way or Class VI Highways. –
Whenever, pursuant to the provisions of this chapter, the selectmen receive a petition to lay out roads over existing private rights-of-way or to lay out a class V highway over an existing class VI highway and such private right-of-way or class VI highway does not conform to construction standards and requirements currently in effect in the town, the selectmen may conditionally lay out roads upon compliance with betterment assessments as provided in this section and in RSA 231:29-33. Prior to commencement of conditional layout, however, a public hearing shall be held, written notice of which shall be given by the appropriate governing board to all owners of property abutting or served by the private right-of-way or class VI highway, at least 14 days before the hearing, at which hearing details of the proposed construction, reconstruction or repairs, and the estimated costs thereof shall be presented by the selectmen. Conditional layout proceedings may commence 10 days following the public hearing unless within that period a petition not to conditionally lay out said thoroughfare signed by a majority of the owners of property abutting or served by the existing private right-of-way or class VI highway is received by the selectmen. If a highway is so laid out, the selectmen may construct, reconstruct, repair or cause to be constructed, reconstructed or repaired such highways, streets, roads, or traveled ways to conform in every way with the highway or street construction standards and regulations previously established by the town. The betterment assessments shall be assessed under the provisions of RSA 231:29.
Source.
RSA 234:23-a. 1979, 166:1. 1981, 87:1. 1989, 134:1, eff. July 16, 1989.