reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 365 - Complaints to the Department of Energy and Proceedings Before the Commission › Section 365:22 - Railroads Which Are Common Carriers.

365:22 Railroads Which Are Common Carriers. –
Whenever the commissioner shall be of the opinion, after a hearing had upon his own motion or upon complaint, that any part of any railroad operating as a common carrier of passengers or freight within the state reasonably requires alteration or reconstruction, or that the regulations, practices, equipment, appliances or service of any such railroad in respect to transportation of persons or property within the state are unjust, unreasonable, unsafe, improper or inadequate, the commissioner of the department of transportation shall determine the reconstruction or alteration reasonably required, or the just, reasonable, safe, adequate and proper regulations, practices, equipment, appliances and service thereafter to be in force or to be provided, and shall fix and prescribe the same by order to be served upon every such railroad to be bound thereby.
Source.
1911, 164:11. 1913, 145:10. PL 238:21. RL 287:21. 1951, 203:11 par. 22. RSA 365:22. 1985, 402:6, I(e)(3). 1992, 150:7, eff. July 5, 1992.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 365 - Complaints to the Department of Energy and Proceedings Before the Commission › Section 365:23 - Effect of Orders.

365:23 Effect of Orders. –
Thereafter it shall be the duty of every such public utility to observe and obey every requirement of such order so served upon it, and to do everything necessary or proper in order to secure compliance with and observance of the same by all the officers, agents and employees.
Source.
1911, 164:11. 1913, 145:11. PL 238:22. RL 287:22. 1951, 203:11 par. 23, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 365 - Complaints to the Department of Energy and Proceedings Before the Commission › Section 365:24-a - Repealed by by 2001, 237:7, eff. July 1, 2001.

365:24-a Repealed by by 2001, 237:7, eff. July 1, 2001. –
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 365 - Complaints to the Department of Energy and Proceedings Before the Commission › Section 365:25 - Duration of Established Rates.

365:25 Duration of Established Rates. –
The rates, fares and charges fixed and allowed by the commission to be charged and collected by any public utility shall remain in effect until altered by a subsequent order of the commission or until a new schedule of rates, fares and charges shall have been filed or published by the utility in accordance with RSA 378:3.
Source.
1911, 164:11. PL 238:23. RL 287:24. 1951, 203:11 par. 25, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 365 - Complaints to the Department of Energy and Proceedings Before the Commission › Section 365:26 - Effective Period of Other Orders.

365:26 Effective Period of Other Orders. –
Except as otherwise herein provided, every order of the commission requiring any public utility to do or not to do anything shall take effect at the time therein specified, and shall continue in effect for such period as shall be therein designated, and if no period shall be designated, until the same shall be altered, amended, suspended, annulled, set aside or otherwise modified by the commission or the court.
Source.
1915, 99:4. PL 238:24. RL 287:25. 1951, 203:11 par. 26, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 365 - Complaints to the Department of Energy and Proceedings Before the Commission › Section 365:27 - Notice.

365:27 Notice. –
Orders of the commission granting authority or permission to do any act or thing need not be served; but the exercise in any part of the authority or permission granted in any such order shall charge the party so exercising such authority or permission with full knowledge of said order; and such party shall comply with all requirements thereof, and fully conform thereto.
Source.
1915, 99:4. PL 238:25. RL 287:26. 1951, 203:11 par. 27, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 365 - Complaints to the Department of Energy and Proceedings Before the Commission › Section 365:28 - Altering Orders.

365:28 Altering Orders. –
At any time after the making and entry thereof, the commission may, after notice and hearing, alter, amend, suspend, annul, set aside, or otherwise modify any order made by it. This hearing shall not be required when any prior order made by the commission was made under a provision of law that did not require a hearing and a hearing was, in fact, not held.
Source.
1915, 99:4. PL 238:26. RL 287:27. 1951, 203:11 par. 28. 2001, 237:5, eff. July 1, 2001.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 365 - Complaints to the Department of Energy and Proceedings Before the Commission › Section 365:29 - Orders for Reparation.

365:29 Orders for Reparation. –
On its own initiative or whenever a petition or complaint has been filed with the commission covering any rate, fare, charge, or price demanded and collected by any public utility, and the commission has found, after hearing and investigation, that an illegal or unjustly discriminatory rate, fare, charge, or price has been collected for any service, the commission may order the public utility which has collected the same to make due reparation to the person who has paid the same, with interest from the date of the payment. Such order for reparation shall cover only payments made within 2 years before the earlier of the date of the commission's notice of hearing or the filing of the petition for reparation.
Source.
1917, 76:3. PL 238:27. RL 287:28. 1951, 203:11 par. 29. 2008, 309:1, eff. Aug. 31, 2008.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 365 - Complaints to the Department of Energy and Proceedings Before the Commission › Section 365:30 - Waiver of Hearing.

365:30 Waiver of Hearing. –
Such order may be made without formal hearing whenever the public utility affected shall assent in writing thereto, or file or join in a petition therefor.
Source.
1917, 76:3. PL 238:28. RL 287:29. 1951, 203:11 par. 30, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 365 - Complaints to the Department of Energy and Proceedings Before the Commission › Section 365:31 - Upon Agent.

365:31 Upon Agent. –
Every order required to be served shall, where the public utility affected has an agent in the city of Concord, appointed as provided herein, be served upon said agent by giving a certified copy thereof to him in hand, or by leaving a like copy at his office or residence.
Source.
1915, 99:4. PL 238:29. RL 287:30. 1951, 203:11 par. 31, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 365 - Complaints to the Department of Energy and Proceedings Before the Commission › Section 365:32 - If No Agent.

365:32 If No Agent. –
If no agent has been so appointed, service may be made by giving a like copy to any person upon whom service could be made in an action at law against such public utility, or by sending the same by mail, postage prepaid, addressed to such public utility at any usual post office address of the same.
Source.
1915, 99:4. PL 238:30. RL 287:31. 1951, 203:11 par. 32, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 365 - Complaints to the Department of Energy and Proceedings Before the Commission › Section 365:33 - Appointment of Agent.

365:33 Appointment of Agent. –
Any public utility may, by writing filed with the commission, appoint an agent who shall reside and have an office in the city of Concord, upon whom service for and on its behalf may be made by the commission. Such appointment may at any time be revoked or a new appointment made by like writing similarly filed.
Source.
1915, 99:4. PL 238:31. RL 287:32. 1951, 203:11 par. 33, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 365 - Complaints to the Department of Energy and Proceedings Before the Commission › Section 365:34 - Failure to Pay.

365:34 Failure to Pay. –
Any public utility ordered to make reparation hereunder shall conform to said order and make payment as required therein. Upon failure to make such payment upon demand, the amount ordered paid may be recovered with interest in an action of debt brought by the person to whom payment was ordered; except that, in the case of costs ordered paid to the commission, suit shall be brought in the name of the state. Like action may also be brought to recover fees due the commission.
Source.
1911, 164:18. 1913, 145:18. PL 238:32. RL 287:33. 1951, 203:11 par. 34, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 365 - Complaints to the Department of Energy and Proceedings Before the Commission › Section 365:35 - Costs.

365:35 Costs. –
In any action brought to recover costs, fees or reparation ordered the plaintiff shall be entitled to tax as costs all of his necessary expenses in the action, including reasonable attorney's fees.
Source.
1913, 145:18. PL 238:33. RL 287:34. 1951, 203:11 par. 35, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 365 - Complaints to the Department of Energy and Proceedings Before the Commission › Section 365:36 - Fees for Copies.

365:36 Fees for Copies. –
The commission may fix and collect reasonable fees for copies of its records, certified or otherwise, for copies of testimony taken before the commission and for its publications.
Source.
1915, 99:3. PL 238:34. RL 287:35. 1951, 203:11 par. 36, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 365 - Complaints to the Department of Energy and Proceedings Before the Commission › Section 365:38 - Rate Proceeding.

365:38 Rate Proceeding. –
Whenever any investigation or proceeding shall be necessary to enable the commission to pass upon the reasonableness of the rates or charges by a public utility, the utility shall pay to the department of energy the expenses involved in the investigation, including the amounts expended by the commission and the department of energy for attorneys, experts, accountants, or other assistants, but not including any part of the salaries or expenses of the commissioners or of employees of the commission or department of energy; provided, that the amount charged to the utility in any such case shall not exceed
3/4 of one percent of the existing valuation of the utility investigated, such expenses with 6 percent interest to be charged by the utility to operating expenses and amortized over such period as the commission shall deem proper and allowed for in the rates to be charged by the utility.
Source.
1921, 138:1. PL 238:36. 1931, 127:1. RL 287:37. 1951, 203:11 par. 38. RSA 365:38. 1959, 242:4, eff. Oct. 20, 1959. 2021, 91:252, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 365 - Complaints to the Department of Energy and Proceedings Before the Commission › Section 365:38-a - Proceeding Costs.

365:38-a Proceeding Costs. –
The commission may allow recovery of costs associated with utility proceedings before the commission, provided that recovery of costs for utilities and other parties shall be just and reasonable and in the public interest. For purposes of this section, other parties shall be defined as retail customers that are subject to the rates of the utility and who demonstrate financial hardship; other parties shall not include New Hampshire municipalities. Recovery by other parties shall be deemed to be in the public interest when, in any commission proceeding, the other party substantially contributes to the adoption by the commission, in whole or in part, of a position advocated by the other party in that proceeding, or in a judicial review of that proceeding. Another party shall not recover more than $10,000 from any utility for any single proceeding. The commission may allow recovery of less than $10,000 depending upon the scope of the proceeding. The utility shall pay the other party an award of costs if such award is granted by the commission in accordance with the procedures and requirements of the commission and the award is subsequently approved by the governor and council. The utility shall not be liable for any award of costs except in accordance with the procedures and requirements of the commission. If the commission proceeding involves more than one utility, the liability of each utility for the award shall be determined by dividing the amount of the award among the utilities in a manner approved by the commission. If an award of costs is granted in a proceeding involving a change in a utility's rates, the entire amount of the award shall be recovered by the utility in that proceeding. If an award of costs is granted in a proceeding other than one involving a change in a utility's rates, the entire amount of the award shall be immediately recovered by the utility through measures approved on a timely basis by the commission.
Source.
1999, 131:2, eff. Jan. 1, 2000.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 365 - Complaints to the Department of Energy and Proceedings Before the Commission › Section 365:39 - Disposal of Fees.

365:39 Disposal of Fees. –
All sums collected in fees by the commission or paid to it as costs shall be paid to the state treasurer at least once each month, with an itemized statement of the same.
Source.
1913, 145:21. PL 238:37. RL 287:38. 1951, 203:11 par. 39, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 365 - Complaints to the Department of Energy and Proceedings Before the Commission › Section 365:40 - Compliance Required.

365:40 Compliance Required. –
Every public utility and all officers and agents of the same shall obey, observe, and comply with every order made by the commission under authority of this title so long as the same shall be and remain in force.
Source.
1911, 164:18. 1913, 145:18. PL 238:38. RL 287:39. 1951, 203:11 par. 40, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 365 - Complaints to the Department of Energy and Proceedings Before the Commission › Section 365:41 - Penalty Against Utility.

365:41 Penalty Against Utility. –
Any public utility which shall violate any provisions of this title, or fails, omits or neglects to obey, observe or comply with any order, direction or requirement of the commission or the department of energy, shall be subject to a civil penalty, as determined by the commission, not to exceed $250,000 or 2.5 percent of the annual gross revenue that the utility received from sales in the state, whichever is lower. Such penalties shall be applied to the benefit of the utility's ratepayers through a credit to bills, or, if the credit is of an amount determined by the commission to be insignificant on a per customer basis, to programs that benefit low income ratepayers. No portion of any fine, nor any costs associated with an administrative or court proceeding which results in a fine pursuant to this section, shall be considered by the commission in fixing any temporary, permanent, or emergency rates or charges of such utility.
Source.
1911, 164:18. 1913, 145:18. PL 238:39. RL 287:40. 1951, 203:11 par. 41. RSA 365:41. 1973, 528:257; 529:87. 1988, 255:1. 2007, 25:3. 2008, 309:2, eff. Aug. 31, 2008. 2021, 91:253, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 365 - Complaints to the Department of Energy and Proceedings Before the Commission › Section 365:42 - Penalty Against Agent.

365:42 Penalty Against Agent. –
Every officer and agent of any such public utility who shall wilfully violate, or who procures, aids, or abets any violation of this title, or who wilfully fails to obey, observe, and comply with any order of the commission, or procures, aids or abets any such public utility in its failure to obey, observe, and comply with any such order or provision, shall be subject to a civil penalty, as determined by the commission, not to exceed $100,000 for each violation. Such penalties shall be distributed to the benefit of the utility's ratepayers through a credit to bills, or, if the credit is of an amount determined by the commission to be insignificant on a per customer basis, to programs that benefit low income ratepayers.
Source.
1911, 164:18. PL 238:40. RL 287:41. 1951, 203:11 par. 42. RSA 365:42. 1973, 528:258. 1988, 255:2. 2007, 25:3. 2008, 309:3, eff. Aug. 31, 2008.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 365 - Complaints to the Department of Energy and Proceedings Before the Commission › Section 365:43 - Recovery of Forfeiture.

365:43 Recovery of Forfeiture. –
Any forfeiture incurred under the provisions of this chapter shall be recovered in an action brought by the attorney general in the name of the state, and when recovered shall be paid to the state treasurer.
Source.
1911, 164:19. PL 238:41. RL 287:42. 1951, 203:11 par. 43, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 365 - Complaints to the Department of Energy and Proceedings Before the Commission › Section 365:44 - Institution of Action.

365:44 Institution of Action. –
The commission shall have authority to direct the institution of such action, and the attorney general may institute it without direction whenever he shall have knowledge that such forfeiture has been incurred.
Source.
1911, 164:19. PL 238:42. RL 287:43. 1951, 203:11 par. 44, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 366 - Affiliates of Public Utilities › Section 366:1 - Definition of Terms.

366:1 Definition of Terms. –
Terms used in this chapter shall be construed as follows unless a different meaning is clearly apparent from the language or context:
I. "Person" shall mean and include individuals, corporations, trustees, lessees, holders of beneficial equitable title, voluntary associations, receivers, and partnerships.
II. "Affiliate" shall mean and include the following:
(a) Any person that directly or indirectly owns, controls, or holds with power to vote a majority of the outstanding voting securities or such minority thereof as to give him substantial control of such a public utility.
(b) Every person who the commission may determine as a matter of fact, after investigation and hearing, is either directly or indirectly through intermediate persons, or otherwise, actually exercising any substantial influence over the policies and actions of a public utility, whether or not in conjunction with one or more persons.
(c) Any person with whom a public utility has a management or service contract or arrangement of the character set forth in RSA 366:3, but not including contracts for personal services with persons not otherwise affiliated.
(d) Any person that is directly or indirectly owned, controlled or held by any person described in subparagraph (a) of this paragraph through either power to vote a majority of the outstanding voting securities, or such a minority so as to maintain substantial control.
Source.
1933, 182:1. RL 305:1. 1951, 203:64. RSA 366:1. 1991, 86:2, eff. Jan. 1, 1992.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 366 - Affiliates of Public Utilities › Section 366:2 - Sale of Securities to or by Employees.

366:2 Sale of Securities to or by Employees. –
No public utility shall, without the approval of the department of energy, permit any employee to sell, offer for sale, or solicit the purchase of any security issued by an affiliate during such hours as such employee is engaged to perform any duty of such public utility; nor shall any public utility by any means or device whatsoever require any employee to purchase or contract to purchase any of its securities or those of any other person or corporation; nor shall any public utility require any employee to permit the deduction from his wages or salary of any sum as a payment or to be applied as a payment on any purchase or contract to purchase any security of such public utility or of any other person.
Source.
1933, 182:1. RL 305:1. 2021, 91:254, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 366 - Affiliates of Public Utilities › Section 366:3 - Filing of Contracts.

366:3 Filing of Contracts. –
The original or a verified copy of any contract or arrangement and of any modification thereof or a verified summary of any unwritten contract or arrangement, the consideration of which exceeds $500, hereafter entered into between a public utility and an affiliate providing for the furnishing of managerial, supervisory, construction, engineering, accounting, purchasing, financial, or any other services either to or by a public utility or an affiliate shall be filed by the public utility with the department of energy within 10 days after the date on which the contract is executed or the arrangement entered into. The department may also require a public utility to file in such form as the department may require full information with respect to any purchase from or sale to an affiliate, whether or not made in pursuance of a continuing contract or arrangement.
Source.
1933, 182:1. RL 305:2. 2021, 91:254, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 366 - Affiliates of Public Utilities › Section 366:4 - Failure to File.

366:4 Failure to File. –
Any contract or arrangement not filed with the department of energy pursuant to RSA 366:3 shall be unenforceable in any court in this state and payments thereunder may be disallowed by the department unless the later filing thereof is approved in writing by the department. The commission shall disallow payment if recommended by the department.
Source.
1933, 182:1. RL 305:3. 2021, 91:254, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 366 - Affiliates of Public Utilities › Section 366:5 - Investigation and Proof.

366:5 Investigation and Proof. –
The department of energy shall have full power and authority to investigate any such contract, arrangement, purchase, or sale and initiate a proceeding related thereto before the commission. If the commission after notice and hearing shall find any such contract, arrangement, purchase, or sale to be unjust or unreasonable, the commission may make such reasonable order relating thereto as the public good requires. In any such investigation, the burden shall be on the public utility and affiliate to prove the reasonableness of any such contract, arrangement, purchase, or sale with, from, or to an affiliate. If the public utility shall fail to satisfy the commission of the reasonableness of any such contract, arrangement, purchase, or sale, the commission may disapprove the same and disallow payments thereunder or such part of any such payment as the commission shall find to be unjust or unreasonable. No payment disallowed by the commission shall be capitalized or included as an operating cost of the public utility in the fixing of rates or as an asset in fixing a rate base. If in any such investigation the public utility or affiliate shall unreasonably refuse to comply with any request of the commission or the department for information with respect to relevant accounts and records, whether of such public utility or any affiliate, any portion of which may be applicable to any transaction under investigation, so that such parts thereof as the commission or the department may deem material may be made part of the record, such refusal shall justify the commission in disapproving the transaction under investigation and disallowing payments in pursuance thereof.
Source.
1933, 182:1. RL 305:4. 2021, 91:254, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 366 - Affiliates of Public Utilities › Section 366:6 - Summary Order in Certain Cases.

366:6 Summary Order in Certain Cases. –
If as a result of an investigation or proceeding in accordance with RSA 366:5 the commission shall find that any public utility is making any payment or about to make any payment or doing or about to do any other thing which substantially threatens or impairs the ability of the public utility to render adequate service at reasonable rates or otherwise to discharge its duty to the public, the commission may apply to the superior court for an order directing the public utility to cease making any such payment or doing such other thing; and, thereupon, the court shall make such order as the public good may require.
Source.
1933, 182:1. RL 305:5. 2021, 91:254, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 366 - Affiliates of Public Utilities › Section 366:7 - Disallowance of Charges Under Existing Contracts.

366:7 Disallowance of Charges Under Existing Contracts. –
In any proceeding whether upon the department's initiation or commission's own motion or upon complaint involving the rates or practices of any public utility, the commission may disallow the inclusion in the accounts of a public utility of any payments or compensation to an affiliate for any services rendered, or property furnished, under existing contracts or arrangements with an affiliate unless such public utility shall establish the reasonableness of such payment or compensation.
Source.
1933, 182:1. RL 305:6. 2021, 91:254, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 366 - Affiliates of Public Utilities › Section 366:8 - Annual Reports.

366:8 Annual Reports. –
Every public utility annually reporting to the commission or department of energy under RSA 374 shall also annually report the name and address of, and the number of shares held by, its officers and directors and each holder of one percent or more of the voting capital stock of the reporting public utility according to its records.
Source.
1933, 182:1. RL 305:7. 2021, 91:254, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 366 - Affiliates of Public Utilities › Section 366:9 - Information Concerning Control.

366:9 Information Concerning Control. –
The commission or department of energy may also require such other information as to the direct or indirect control of a public utility or affiliate from a public utility, affiliate, or other person as may be reasonably required for the effective enforcement of this chapter.
Source.
1933, 182:1. RL 305:8. 2021, 91:254, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 366 - Affiliates of Public Utilities › Section 366:11 - Appeal.

366:11 Appeal. –
From any order or decision of the commission in the exercise of the jurisdiction and power conferred upon it by this chapter, an appeal shall lie to the supreme court. The procedure for rehearings and appeals shall be that prescribed by RSA 541.
Source.
1933, 182:1. RL 305:10.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 367 - Formation and Union of Railroad Corporations; Leases and Extensions › Section 367:1 - Mode.

367:1 Mode. –
Twenty-five or more persons, a majority of whom are residents of this state, may associate together by articles of agreement for the purpose of forming a corporation to construct, maintain and operate a railroad.
Source.
1883, 100:1. PS 156:1. PL 246:1. RL 296:1.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 367 - Formation and Union of Railroad Corporations; Leases and Extensions › Section 367:2 - Articles of Agreement.

367:2 Articles of Agreement. –
The articles of agreement shall set forth the name of the corporation; the termini of the proposed railroad; its length, as nearly as may be; the name of each city, town and county through or into which its route will extend; its gauge; the amount of the capital stock of the corporation; the appointment of at least 7 of the subscribers to act as directors of the corporation until others are chosen, a majority of whom shall be residents of the state; and a provision that each subscriber will take the number of shares of the capital stock set opposite to his name and will pay the par value thereof, subject to the condition that he shall not be bound to pay more than 10 percent of the amount of his subscription unless the corporation is established. The articles shall be signed by the associates, and each shall affix to his signature his residence, post office address and the number of shares of the capital stock which he agrees to take.
Source.
1883, 100:2, 3. PS 156:2. PL 246:2. RL 296:2.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 367 - Formation and Union of Railroad Corporations; Leases and Extensions › Section 367:3 - Name.

367:3 Name. –
The corporate name shall be one that is not in use by any other corporation in the state; and it shall not be changed except by the legislature.
Source.
1883, 100:3. PS 156:3. PL 246:3. RL 296:3.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 367 - Formation and Union of Railroad Corporations; Leases and Extensions › Section 367:4 - Capital Stock.

367:4 Capital Stock. –
The capital stock of the corporation shall not be less than $5,000 for each mile of the proposed railroad if the gauge thereof is to be 3 feet or less, and not less than $10,000 for each mile if the gauge is to be more than 3 feet. It shall be divided into shares of $100 each.
Source.
1883, 100:2. PS 156:4. 1897, 68:1. PL 246:4. RL 296:4.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 367 - Formation and Union of Railroad Corporations; Leases and Extensions › Section 367:5 - Record of Articles of Agreement.

367:5 Record of Articles of Agreement. –
When the full amount of the capital stock has been subscribed in good faith by responsible parties, the directors shall cause the articles of agreement to be recorded in the office of the secretary of state, and a true copy thereof, attested by a majority of the directors, to be filed in the office of the clerk of each city and town through or into which the route of the proposed railroad will extend.
Source.
1883, 100:3, 4, 5. PS 156:5. PL 246:5. RL 296:5.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 367 - Formation and Union of Railroad Corporations; Leases and Extensions › Section 367:6 - Fees.

367:6 Fees. –
The fee for recording articles of agreement in the office of the secretary of state as provided in RSA 367:5 shall be at the rate of $1 per page.
Source.
1949, 265:8, eff. June 22, 1949.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 367 - Formation and Union of Railroad Corporations; Leases and Extensions › Section 367:7 - Provisional Corporation.

367:7 Provisional Corporation. –
The subscribers to the articles of agreement, and their assigns, shall thereupon become and be a corporation (herein termed the provisional corporation) having the following franchises, and no other:
I. Authority to organize and to elect officers and agents;
II. Authority to make necessary surveys for the proposed railroad and to enter upon any land for that purpose;
III. Authority to take all other preliminary steps required in the formation of a railroad corporation.
Source.
PS 156:6. PL 246:6. RL 296:6.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 367 - Formation and Union of Railroad Corporations; Leases and Extensions › Section 367:8 - Termination of Provisional Corporation.

367:8 Termination of Provisional Corporation. –
If the provisional corporation shall not take the necessary steps and become a railroad corporation within 2 years after the time of the record of its articles of agreement in the office of the secretary of state, its existence as a corporation shall terminate.
Source.
PS 156:7. PL 246:7. RL 296:7.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 367 - Formation and Union of Railroad Corporations; Leases and Extensions › Section 367:9 - Petition to Court.

367:9 Petition to Court. –
The provisional corporation may file in the office of the clerk of the superior court for the county of Merrimack a petition for a decision of the question whether the public good requires the proposed railroad.
Source.
1883, 100:7. PS 156:8. PL 246:8. RL 296:8. 1951, 203:49, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 367 - Formation and Union of Railroad Corporations; Leases and Extensions › Section 367:10 - Notice of Petition.

367:10 Notice of Petition. –
Any justice of the court, in term time or vacation, upon application by the petitioner and without notice to other parties, shall issue a summons to be served by the date specified by the court on the summons.
Source.
PS 156:9. PL 246:9. RL 296:9. 2014, 204:16, eff. July 11, 2014.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 367 - Formation and Union of Railroad Corporations; Leases and Extensions › Section 367:11 - Reference.

367:11 Reference. –
On the service date specified by the court on the summons, if it appears to the court that sufficient notice of the petition has been given and that all preliminary steps have been taken, and the capital stock has been subscribed by responsible parties, in good faith, with the intention of building the road, and if no sufficient objection is made, the court shall refer the petition to the department of transportation or to a board of 3 referees appointed by the court, as they shall deem best, to find and report the facts bearing upon the petition.
Source.
1883, 100:7. PS 156:10. PL 246:10. RL 296:10. RSA 367:11. 1985, 402:6, I(e)(4). 2014, 204:17, eff. July 11, 2014.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 367 - Formation and Union of Railroad Corporations; Leases and Extensions › Section 367:12 - Notice of Hearing.

367:12 Notice of Hearing. –
The board to whom the petition is referred shall appoint a time and place of hearing, and shall give notice thereof by causing a copy of the petition and of their order thereon to be given to the attorney general or left at his abode 14 days before the day of hearing, and like copies to be posted in 2 or more public places in each city and town through or into which the route of the proposed railroad will extend, at least 30 days before the day of hearing, and by causing like copies to be published in one or more newspapers published in Concord and in each of the counties which will contain any portion of the proposed railroad.
Source.
1883, 100:7. PS 156:11. PL 246:11. RL 296:11.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 367 - Formation and Union of Railroad Corporations; Leases and Extensions › Section 367:13 - Hearing; Report.

367:13 Hearing;  Report. –
The board shall hear all parties who are interested and desire to be heard and shall make report of their doings and findings to the regular session of the court held next after their last hearing.
Source.
PS 156:12. PL 246:12. RL 296:12.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 367 - Formation and Union of Railroad Corporations; Leases and Extensions › Section 367:14 - Decision.

367:14 Decision. –
The court shall thereupon, after hearing such parties as desire to be heard, decide the questions raised by the petition, and cause a record of their decision to be made.
Source.
PS 156:13. PL 246:13. RL 296:13.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 367 - Formation and Union of Railroad Corporations; Leases and Extensions › Section 367:15 - Certificate.

367:15 Certificate. –
I. If they decide that the public good requires the proposed railroad, the secretary of state, upon receipt of a copy of such decision, shall issue to the corporation a certificate substantially in the following form:
THE STATE OF NEW HAMPSHIRE
Be it known that whereas ... have associated themselves together with the intention of forming a corporation under the name of the ... , for the purpose of locating, constructing, maintaining and operating a railroad (description of road as in articles of agreement), and have complied with the laws of the state relating thereto; therefore, I, ... , secretary of state, do hereby certify that the said persons, their associates and successors, are legally established as a corporation under the name aforesaid, having all the powers and privileges, and being subject to all the duties, liabilities and restrictions of similar corporations under the laws of this state.
In witness whereof I have hereunto subscribed my name and affixed the seal of state this ... day of ... in the year ...
[L.S.]
............... , secretary of state.
II. The secretary of state shall record such certificate in connection with the articles of agreement previously recorded in his office. The provisional corporation shall thereupon become a railroad corporation having all the powers and privileges, and being subject to all the duties, liabilities and restrictions, of similar corporations, except so far as the same are limited or enlarged by this chapter.
Source.
1883, 100:5. PS 156:14. PL 246:14. RL 296:14.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 367 - Formation and Union of Railroad Corporations; Leases and Extensions › Section 367:16 - Meeting of Subscribers.

367:16 Meeting of Subscribers. –
The directors may call a meeting of the subscribers to the capital stock of the corporation for the purpose of adopting bylaws and completing a permanent organization, and give such notice thereof as they deem reasonable.
Source.
1883, 100:6. PS 156:15. PL 246:15. RL 296:15.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 367 - Formation and Union of Railroad Corporations; Leases and Extensions › Section 367:17 - Time for Building.

367:17 Time for Building. –
All the franchises and rights of a corporation so established, as to any portion of its railroad which is not completed ready for operation at the end of 3 years from the date of its certificate of establishment, shall be forfeited.
Source.
1883, 100:12. PS 156:16. PL 246:16. RL 296:16.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 367 - Formation and Union of Railroad Corporations; Leases and Extensions › Section 367:18 - Powers of Railroad Corporations Generally.

367:18 Powers of Railroad Corporations Generally. –
Railroads have the general powers granted to other corporations, and the special powers granted to them by their charters and the general laws of the state.
Source.
GS 144:1. GL 158:1. PS 157:6. PL 247:6. RL 297:6. 1951, 203:50, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 367 - Formation and Union of Railroad Corporations; Leases and Extensions › Section 367:20 - To Another Railroad.

367:20 To Another Railroad. –
Any railroad corporation may, subject to the provisions of RSA 374, lease its railroad, railroad property, and interests to any other railroad corporation for such length of time and upon such terms as may be agreed to by the lessor and lessee corporations at meetings of their respective stockholders, properly notified and held for the purpose, by a
2/3 vote of all the stock represented and voting at such meetings.
Source.
1883, 100:17. PS 156:21. PL 246:18. RL 296:18.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 367 - Formation and Union of Railroad Corporations; Leases and Extensions › Section 367:21 - Procedure.

367:21 Procedure. –
If 2 or more railroad corporations, at meetings of their respective stockholders, properly notified and held for the purpose, have agreed, by a
2/3 vote of the stock represented and voting at such meetings, to unite and form a single corporation, they may apply by petition to the superior court for the county of Merrimack for a determination of the question whether the public good will be promoted by such union; and if the court, after notice and finding of the facts, and a hearing, as provided in RSA 367:10-14, shall determine that the public good requires such union, and that stockholders of the respective corporations, at meetings duly held for the purpose, have voted in favor of it as aforesaid, they shall authorize the union to be made.
Source.
1883, 100:17. PS 156:22. PL 246:19. RL 296:19. 1951, 203:52, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 367 - Formation and Union of Railroad Corporations; Leases and Extensions › Section 367:22 - Agreement; Record; Powers.

367:22 Agreement;  Record;  Powers. –
In such case, the corporations shall make and execute an agreement setting forth the terms of the union, and shall cause the same, together with the decision of the court authorizing the union, to be recorded in the office of the secretary of state; and, from and after such record, the stockholders in the uniting corporations assenting thereto, together with their associates and successors, shall be members of the new corporation; and the new corporation shall have all such rights, powers and privileges, and be subject to all such obligations and liabilities, as shall be necessary and proper to consummate the agreement of union and to vest in itself the corporate franchises and property of the uniting corporations; and it shall thereafter hold and possess all such franchises and property, subject to the duties and liabilities of the corporations forming the union, or any of them.
Source.
1883, 100:17. PS 156:23. PL 246:20. RL 296:20.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 367 - Formation and Union of Railroad Corporations; Leases and Extensions › Section 367:23 - First Meeting.

367:23 First Meeting. –
The first meeting of the new corporation shall be called by the presidents of the corporations which united to form it, or by either of them, by publishing a notice of the time and place of meeting and of the subjects to be there acted upon, in one or more newspapers published in each county through or into which the railroads of the uniting corporations extend.
Source.
1883, 100:17. PS 156:24. PL 246:21. RL 296:21.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 367 - Formation and Union of Railroad Corporations; Leases and Extensions › Section 367:24 - Right to Vote.

367:24 Right to Vote. –
Until stock of the new corporation has been issued to assenting stockholders, they shall have the right to vote in meetings of members of the new corporation as if stock had been issued to them according to the agreement of union and they were the holders thereof.
Source.
PS 156:25. PL 246:22. RL 296:22.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 367 - Formation and Union of Railroad Corporations; Leases and Extensions › Section 367:25 - Limit of Stock.

367:25 Limit of Stock. –
The capital stock of the new corporation shall not exceed the sum of the capital stocks of the uniting corporations actually issued and paid for at par at the time of the union.
Source.
1883, 100:23. PS 156:26. PL 246:23. RL 296:23.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 367 - Formation and Union of Railroad Corporations; Leases and Extensions › Section 367:26 - Limit of Dividends.

367:26 Limit of Dividends. –
The new corporation shall not divide to its stockholders in dividends a greater sum than the aggregate sum which the uniting corporations together were authorized to divide to their stockholders.
Source.
1883, 100:24. PS 156:27. PL 246:24. RL 296:24.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 367 - Formation and Union of Railroad Corporations; Leases and Extensions › Section 367:27 - Petition for Relief.

367:27 Petition for Relief. –
If any stockholder in a railroad corporation which has voted to build an extension or branch, or which has become a party to a lease or to a contract of union under the provisions of this chapter, shall dissent from the building of such extension or branch, or from such lease or union, the corporation in which he is a stockholder in the case of building an extension or branch or of a lease, or the new corporation in case of union, may apply by petition to the superior court, setting forth the action of the corporation in respect to the matter dissented from, the names and residences of all the stockholders of the petitioning corporation, so far as known, designating those who have assented to the action taken, those who have dissented therefrom, and those who have not expressed their assent or dissent, and praying that the court may determine the value of the stock, interest or property right taken of dissenting stockholders, or of any stockholder who may be entitled to have the value of his stock, interest of property right taken, determined, and for such other relief as the petitioner may desire.
Source.
1883, 100:19. 1889, 5:1. PS 156:28. PL 246:25. RL 296:25. RSA 367:27. 1967, 132:11, eff. July 18, 1967.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 367 - Formation and Union of Railroad Corporations; Leases and Extensions › Section 367:28 - Notice.

367:28 Notice. –
The court shall fix a time and place for a hearing upon the petition and shall order the petitioner to give notice thereof by publishing the petition, or the substance of it (not including the names of stockholders), in such newspapers as the court may order, and by mailing postpaid to each nonassenting stockholder whose names and residence is known a copy of the petition and order (not including the names of stockholders) at least 14 days before the day of hearing.
Source.
1889, 5:1. PS 156:29. PL 246:26. RL 296:26. RSA 367:28. 1967, 132:12, eff. July 18, 1967.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 367 - Formation and Union of Railroad Corporations; Leases and Extensions › Section 367:29 - Hearing.

367:29 Hearing. –
At the time and place so appointed such justice, or some other justice of the court, shall attend, and, if it appears that the summons has been complied with, shall proceed with the hearing.
Source.
1889, 5:1. PS 156:30. PL 246:27. RL 296:27. 2014, 204:18, eff. July 11, 2014.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 367 - Formation and Union of Railroad Corporations; Leases and Extensions › Section 367:30 - Additional Parties.

367:30 Additional Parties. –
Any nonassenting stockholders may appear and be heard upon the questions before the court affecting their rights.
Source.
1889, 5:1. PS 156:30. PL 246:28. RL 296:28.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 367 - Formation and Union of Railroad Corporations; Leases and Extensions › Section 367:31 - Guardian Ad Litem.

367:31 Guardian Ad Litem. –
If any such stockholder is a minor, or an insane person and has no guardian, the justice shall appoint a guardian ad litem for such person, and the petitioner shall pay such guardian for his services and disbursements in the proceedings.
Source.
1889, 5:1. PS 156:30. PL 246:29. RL 296:29.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 367 - Formation and Union of Railroad Corporations; Leases and Extensions › Section 367:32 - Orders.

367:32 Orders. –
After hearing the parties, the justice shall determine the value of the stock, interest or property right taken of all stockholders who are entitled to have compensation therefor and shall make and enforce all orders that may be necessary to secure to dissenting and other stockholders all their rights under the constitution and laws. He shall file his award with the clerk of the superior court for the county of Merrimack.
Source.
1889, 5:1. PS 156:31. PL 246:30. RL 296:30. 1951, 203:53, eff. Sept. 1, 1951.