reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 371 - Proceedings to Acquire Property or Rights › Section 371:1 - Petition.

371:1 Petition. –
Whenever it is necessary, in order to meet the reasonable requirements of service to the public, that any public utility should construct a line, branch line, extension, pipeline, conduit, line of poles, towers, or wires across the land of another, or should acquire land, land for an electric substation, or flowage, drainage, or other rights for the necessary construction, extension, or improvement of any water power or other works owned or operated by such public utility, and it cannot agree with the owners of such land or rights as to the necessity or the price to be paid therefor, such public utility may petition the public utilities commission for such rights and easements or for permission to take such lands or rights as may be needed for said purposes. No public utility may petition for permission to take private land or property rights for the construction or operation of an electric generating plant or an electric transmission project not eligible for regional cost allocation, for either local or regional transmission tariffs, by ISO-New England or its successor regional system operator.
Source.
1911, 164:13. 1919, 162:1. PL 244:1. RL 294:1. 1951, 203:48 par. 1, RSA 371:1. 1971, 357:2. 1998, 253:1, eff. date, see contingency note set forth below. 2012, 2:6, eff. Mar. 5, 2012.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 371 - Proceedings to Acquire Property or Rights › Section 371:1-b - Acquisition Negotiations; Reference to Eminent Domain Prohibited.

371:1-b Acquisition Negotiations;  Reference to Eminent Domain Prohibited. –
No public utility, predecessor development entity, or agent of either, shall refer to the use of eminent domain in any landowner negotiations, unless the commission has first specifically authorized its use under this chapter with respect to the affected landowner. Any landowner may file a complaint with the commission under RSA 365:1 alleging violation of this section. Upon a finding of violation, after notice and hearing, the public utility or project-sponsoring affiliate shall be fined up to $25,000 which shall be deposited in the general fund. If a landowner makes an inquiry concerning eminent domain, the public utility, predecessor development entity, or agent of either, may provide the landowner with the commission's contact information without violating this section.
Source.
2012, 2:1, eff. May 4, 2012.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 371 - Proceedings to Acquire Property or Rights › Section 371:2 - Contents; Recording.

371:2 Contents;  Recording. –
The petition of a public utility shall set out the title and the description of the land involved, the rights to be taken therein, and the public use for which the same are desired, and a certified copy of the petition and final decree thereon shall be recorded, if said petition shall be granted, in the registry of deeds in the county or counties in which the real estate affected thereby is located.
Source.
1911, 164:13. 1919, 162:1. PL 244:5. RL 294:8. 1951, 203:48 par. 7, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 371 - Proceedings to Acquire Property or Rights › Section 371:2-a - Right to Enter.

371:2-a Right to Enter. –
When ownership of land, upon or over which a public utility desires to erect facilities, cannot be ascertained without entry to do survey work, or, a public utility shall have filed a petition under RSA 371:1 with respect to a particular tract of land, in either case a public utility shall have the right to enter upon such land for the purpose of surveying and making such other investigation as is necessary to determine the locations of the boundaries of such land and of the facilities it desires to erect thereon or thereover, and to determine the title to, description of, or nature of such land. A public utility desiring to enter land in pursuance of this section shall notify by certified mail the owner or probable owner or owners thereof of its desire to enter for the purposes aforesaid at least 30 days prior to entry. Notification shall include identification of the utility seeking to enter the land, the time and date of the proposed entry, and the portion or section of land to be surveyed or investigated. Upon the date specified for entry, the persons conducting the survey or investigation shall present themselves to the property owner and show identification. The public utility shall pay the owner or owners of any land it shall enter in pursuance of the provisions of this section for any actual damage done upon entry.
Source.
1965, 90:1, eff. May 14, 1965. 2012, 2:2, eff. May 4, 2012.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 371 - Proceedings to Acquire Property or Rights › Section 371:2-b - Appraisal Required.

371:2-b Appraisal Required. –
A public utility shall have an impartial, qualified appraiser make at least one appraisal of any property proposed to be acquired by eminent domain. The owner shall have a reasonable opportunity to have the property appraised by an independent, qualified appraiser, selected by the owner. The public utility shall reimburse the owner the usual and customary cost of the appraisal up to $1,500 for each property.
Source.
2012, 2:3, eff. May 4, 2012.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 371 - Proceedings to Acquire Property or Rights › Section 371:3 - Highway Rights.

371:3 Highway Rights. –
No such taking of flowage or drainage rights shall affect the right of a town in any highway or bridge.
Source.
1919, 162:1. PL 244:2. RL 294:2. 1951, 203:48 par. 2, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 371 - Proceedings to Acquire Property or Rights › Section 371:4 - Procedure.

371:4 Procedure. –
The commission shall, upon notice to all parties in interest, hear and determine the necessity for the right prayed for and the compensation to be paid for such right, and shall render judgment accordingly. In such proceedings the provisions relating to flowage rights contained in RSA 482 shall not apply, but when petitions to acquire flowage or drainage rights are filed the commission shall notify the department of environmental services.
Source.
1911, 164:13. 1919, 162:1. PL 244:3. 1937, 133:99. RL 294:3. 1951, 203:48, par. 3. RSA 371:4. 1989, 138:2; 339:25. 1996, 228:108, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 371 - Proceedings to Acquire Property or Rights › Section 371:4-a - Evidence of Compensation to be Paid.

371:4-a Evidence of Compensation to be Paid. –
In determining the compensation to be paid hereunder, all relevant and probative evidence on the question of the value of the land or rights to be taken shall be considered. If the proceeding involves a partial taking, the "before and after test" shall be considered. Without limiting the foregoing, evidence of other sales to the condemning utility shall be admitted, providing that the party seeking to introduce such evidence establishes that such sales (1) occurred reasonably close in time to the date of the petition under RSA 371:1, (2) concern relatively similar land or rights, and (3) took place under such circumstances respecting freedom of contract as to be probative.
Source.
1983, 247:6, eff. Aug. 17, 1983.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 371 - Proceedings to Acquire Property or Rights › Section 371:5 - Notice by Publication.

371:5 Notice by Publication. –
Upon evidence satisfactory to the commission that any owner or his residence is unknown or uncertain, the notice may be by publication; and if no appearance is entered for such owner, the commission shall, upon application by the public utility, appoint a guardian ad litem to represent such owner in the proceedings.
Source.
1929, 85:1. RL 294:5. 1951, 203:48 par. 5, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 371 - Proceedings to Acquire Property or Rights › Section 371:5-a - Residential Owner Option.

371:5-a Residential Owner Option. –
I. When private real property which is used for residential purposes is proposed to be acquired in part for the construction of an above ground substation or transmission line, the owners of the residential property shall have the option to require the utility to condemn and take in fee the entire tract of land impacted by the proposed partial taking including all buildings and improvements thereon if all owners, excluding lien holders and mortgagees, of the private real property make such an election and provide the commission and the utility with written notice of their election within 30 days after receipt of the notice under RSA 371:4. If the utility acquires the entire tract of land with buildings and improvements thereon pursuant to this section or by agreement with the owners, the entire acquisition shall be deemed to be an acquisition for a public purpose and for use in the utility's business.
II. If any owner chooses to avail himself of the provisions of paragraph I, the utility seeking condemnation shall provide a perimeter survey of the entire tract to each owner without cost if:
(a) Requested by an owner at time of electing to avail himself of the provisions of paragraph I; and
(b) A perimeter survey of the premises does not already exist.
III. In all cases where residential property is taken pursuant to the provisions of this section, a resident owner shall also be awarded reasonable relocation and housing replacement expenses not to exceed 10 percent of the compensation ordered for the taking. If a residential tenant is also displaced as the result of any taking under this section, the tenant shall be awarded up to 6 months of the actual monthly rent being paid by the tenant prior to the notice given under section RSA 371:4, and reasonable relocation and housing replacement expenses not to exceed an additional 6 months of such monthly rent.
Source.
1983, 247:2. 1998, 253:2, eff. date, see contingency note set forth below. 2012, 2:4, eff. May 4, 2012.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 371 - Proceedings to Acquire Property or Rights › Section 371:5-b - Determination of Just Compensation.

371:5-b Determination of Just Compensation. –
The commission shall use the method of determination for just compensation as prescribed in RSA 371:4-a.
Source.
1983, 247:5, eff. Aug. 17, 1983.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 371 - Proceedings to Acquire Property or Rights › Section 371:6 - Owners Under Disability.

371:6 Owners Under Disability. –
If any owner is under any legal disability and not under guardianship in this state, the commission shall, upon application by the public utility, appoint a guardian ad litem to receive notice and otherwise represent the owner in the proceedings.
Source.
1929, 85:1. RL 294:4. 1951, 203:48 par. 4, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 371 - Proceedings to Acquire Property or Rights › Section 371:7 - Compensation of Guardian.

371:7 Compensation of Guardian. –
The commission shall determine and fix the amount due to any guardian appointed by it for services and disbursements in connection with any proceedings before the commission, and the portion thereof that justice requires shall be payable out of any award that may be made for any land or right of the ward that may be taken except as otherwise provided in RSA 371:5-a. The balance of the amount due the guardian and, if no award is made, the whole of such amount shall be payable by the public utility.
Source.
1929, 85:1. RL 294:6. 1951, 203:48 par. 6. RSA 371:7. 1983, 247:1, eff. Aug. 17, 1983.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 371 - Proceedings to Acquire Property or Rights › Section 371:9 - Entry by Public Utility.

371:9 Entry by Public Utility. –
If the question of necessity shall be finally determined in the affirmative, the public utility may enter upon and use the land or rights adjudged necessary, upon the payment or tender of the compensation and damages awarded by the commission. If the owner is represented by a guardian, or guardian ad litem, payment or tender under this section may be made to such guardian, and said guardian shall pay over any balance due the ward to the ward or his legal representative or, in the absence of both, to the state treasurer for the owner's use.
Source.
1929, 85:2. RL 294:9. 1951, 203:48 par. 9, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 371 - Proceedings to Acquire Property or Rights › Section 371:10 - Appeal on Damages.

371:10 Appeal on Damages. –
Any party aggrieved by the order of the commission awarding damages in such case may, within 60 days after the entry of the order and not afterwards, file in the superior court of the county in which the land is located a petition to have the damages assessed by a jury, upon which petition notice shall be given, and the court shall assess such damages by jury.
Source.
1911, 164:13. 1919, 162:1. PL 244:6. RL 294:10. 1951, 203:48 par. 10, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 371 - Proceedings to Acquire Property or Rights › Section 371:11 - Security.

371:11 Security. –
If an appeal is taken, the public utility shall also file in the office of the clerk of said court reasonable security to the satisfaction of the court for the payment of any further damages and of the costs which may be awarded to the owner upon the appeal.
Source.
1929, 85:3. RL 294:11. 1951, 203:48 par. 11, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 371 - Proceedings to Acquire Property or Rights › Section 371:12 - Costs.

371:12 Costs. –
If the result of an appeal is to change the award of damages in favor of the appellant, the appellant shall recover costs; otherwise he shall pay costs.
Source.
1929, 85:3. RL 294:12. 1951, 203:48 par. 12, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 371 - Proceedings to Acquire Property or Rights › Section 371:13 - Reduction of Damages.

371:13 Reduction of Damages. –
If the owner's damages are reduced upon appeal, the public utility shall have judgment and execution against him for the amount of such reduction and costs if he has taken the damages tendered to him; but, if he has not taken such damages, the public utility may retain the amount of such reduction and costs from the tender, or, if the damages have been paid to the state treasurer, the public utility shall be entitled to have such reduction and costs returned by the treasurer.
Source.
1929, 85:3. RL 294:13. 1951, 203:48 par. 13, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 371 - Proceedings to Acquire Property or Rights › Section 371:14 - Fees.

371:14 Fees. –
In such proceedings the commission shall charge and collect fees as follows: For the entry of each petition, $25; for the making of each order of notice for service upon the owners of each parcel of land described in said petition in which rights are sought to be taken, $1; and for the entry of each order granting land, rights or easements in any such case, $10 for each tract of land granted or affected.
Source.
1915, 99:3. PL 244:7. RL 294:14. 1951, 203:48 par. 14, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 371 - Proceedings to Acquire Property or Rights › Section 371:16 - Forfeiture for Nonuse.

371:16 Forfeiture for Nonuse. –
All acquisitions of water rights acquired under this chapter, which, within 5 years from the date of acquisition, have not become a used and useful part of the utility's property, shall be forfeited to the state unless otherwise ordered by the commission.
Source.
1951, 203:48 par. 16, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 371 - Proceedings to Acquire Property or Rights › Section 371:16-a - Repealed by 2012, 220:3, II, eff. June 13, 2012.

371:16-a Repealed by 2012, 220:3, II, eff. June 13, 2012. –
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 371 - Proceedings to Acquire Property or Rights › Section 371:16-b - Project Delay; Option to Purchase.

371:16-b Project Delay;  Option to Purchase. –
If, after a period of 5 years, the project for which land or property rights were taken has not commenced, the utility shall offer the person from whom such land or rights were taken the first option to buy such land or rights at the current market value.
Source.
2012, 2:5, eff. May 4, 2012.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 371 - Proceedings to Acquire Property or Rights › Section 371:17 - Licenses for New Poles.

371:17 Licenses for New Poles. –
Whenever it is necessary, in order to meet the reasonable requirements of service to the public, that any public utility should construct a pipeline, cable, or conduit, or a line of poles or towers and wires and fixtures thereon, over, under or across any of the public waters of this state, or over, under or across any of the land owned by this state, modify a previously licensed installation, or license a previously constructed installation, it shall apply to the department of energy for a license to construct and maintain the same. For the purposes of this section, "public waters" are defined to be all ponds of more than 10 acres, tidewater bodies, and such streams or portions thereof as the department of energy may prescribe. Every corporation and individual desiring to cross any public water or land for any purpose herein defined shall apply to the department of energy for a license in the same manner prescribed for a public utility. The department of energy may condition any license issued under this paragraph in any manner necessary to assure that the license may be exercised without substantially affecting the public rights in public waters or state-owned lands. Using a non-adjudicative process, the department of energy may reject incomplete or improperly filed applications, and shall, also using non-adjudicative process, issue or deny the license within 90 days of receiving a complete application and all information subsequently requested of an applicant.
Source.
1921, 82:1. PL 244:8. RL 294:16. 1951, 203:48 par. 17. 1953, 52:1, eff. March 30, 1953. 2013, 82:1, eff. June 19, 2013. 2021, 91:260, eff. July 1, 2021. 2022, 245:22, eff. Aug. 20, 2022.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 371 - Proceedings to Acquire Property or Rights › Section 371:17-a - Repealed by 2022, 245:34, II, eff. Aug. 20, 2022.

371:17-a Repealed by 2022, 245:34, II, eff. Aug. 20, 2022. –
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 371 - Proceedings to Acquire Property or Rights › Section 371:17-b - Repealed by 2022, 245:34, III, eff. Aug. 20, 2022.

371:17-b Repealed by 2022, 245:34, III, eff. Aug. 20, 2022. –
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 371 - Proceedings to Acquire Property or Rights › Section 371:18 - Repealed by 2022, 245:34, IV, eff. Aug. 20, 2022.

371:18 Repealed by 2022, 245:34, IV, eff. Aug. 20, 2022. –
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 371 - Proceedings to Acquire Property or Rights › Section 371:19 - Notice of License Issuance and of Right to Appeal.

371:19 Notice of License Issuance and of Right to Appeal. –
The department of energy shall publish notice of the license on its website and cause due notice of said issuance to be given to the attorney general as representative of the state, and to such owners of lands bordering the location of a state water crossing as the department of energy may designate. Said notice shall refer to the license and inform persons of the rights of appeal in RSA 371:20. The department of energy shall provide similar notice directly to applicants.
Source.
2022, 245:23, eff. Aug. 20, 2022.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 371 - Proceedings to Acquire Property or Rights › Section 371:20 - Rights of Appeal, Notice, and Order.

371:20 Rights of Appeal, Notice, and Order. –
Applicants and other persons directly affected by a decision of the department of energy to issue or deny a license may appeal a department decision to the public utilities commission within 30 days of the department's decision, and not thereafter. Whenever an appeal is timely filed, the commission shall hear all parties directly affected, except with respect to applicable safety standards and the applicability and validity of any department of energy rule. The commission may rescind the license or remand to the department of energy with instructions to issue, modify, or condition a license in any manner found necessary by the commission to assure that the license may be exercised without substantially affecting the public rights in public waters or state-owned lands. There shall be no right to appeal licenses issued for the exclusive purpose of furnishing facilities or utility services to the state or with regard to licenses issued to relocate facilities when the relocation is at the request of the state and the department of energy has limited the duration of the license to two years or less. Notwithstanding the foregoing, the attorney general and owners of lands bordering the location of a public water crossing may appeal for the sole purpose of determining damages and compensation pursuant to RSA 371:21. The commission shall publish notice of the appeal and any related hearing on its website, provide notice of a contested case as required under RSA 541-A, and may require such additional notice as it deems proper.
Source.
2022, 245:23, eff. Aug. 20, 2022.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 371 - Proceedings to Acquire Property or Rights › Section 371:21 - Damages and Compensation.

371:21 Damages and Compensation. –
Whenever an appeal is timely filed, the commission shall, upon request of an affected property owner, determine the compensation, if any, to be paid to the owner of land bordering the site of a public water crossing for any damages caused by the continuation and maintenance of any structures, facilities or equipment installed in connection with the crossing, subject to appeal as provided in RSA 371:10. The commission shall also determine the amount of compensation to be paid to the state for rights on public waters or public lands as provided in section 371:20.
Source.
2022, 245:23, eff. Aug. 20, 2022.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 371 - Proceedings to Acquire Property or Rights › Section 371:22 - Rulemaking Authority.

371:22 Rulemaking Authority. –
The department of energy is authorized to adopt rules to implement this chapter, and shall initiate a formal rulemaking process no later than December 31, 2023. Until the department adopts rules, applicants shall apply for a license by petitioning the department of energy in the same manner as under prior law. The time limits stated in this chapter shall apply notwithstanding RSA 541-A:29, and the department shall not be subject to RSA 541-A:29-a. The commission may utilize its rules governing adjudicative proceedings for hearings and is authorized to adopt rules regarding appeals and compensation to be paid under this chapter.
Source.
2022, 245:23, eff. Aug. 20, 2022.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 371 - Proceedings to Acquire Property or Rights › Section 371:23 - Compensation to State.

371:23 Compensation to State. –
Any compensation payable to the state on account of any such license shall be paid to the state treasurer and, if derived from licenses affecting state forests or forestry reservations, shall be added to the forest improvement fund; otherwise, it shall be a part of the general funds of the state.
Source.
2022, 245:23, eff. Aug. 20, 2022.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 371 - Proceedings to Acquire Property or Rights › Section 371:24 - Easements for Utility Lines Crossing Railroad Property.

371:24 Easements for Utility Lines Crossing Railroad Property. –
Upon approval of the commission, a public utility may construct transmission and distribution lines that traverse or parallel the tracks and property of a railroad and establish a permanent or temporary easement thereby. The public utility shall file a plan and layout delineating the route for such lines with the commission 30 days prior to beginning construction and shall make any payment to the railroad the commission determines to be just and reasonable.
Source.
1979, 116:1, eff. July 20, 1979.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 372 - Laying Out Railroads › Section 372:1 - Agents' Duties.

372:1 Agents' Duties. –
Railroads shall be surveyed, and laid out, in the first instance, by their agents.
Source.
GS 146:4. GL 160:4. PS 158:1. PL 248:1. RL 298:1. 1951, 203:56, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 372 - Laying Out Railroads › Section 372:2 - Entry on Lands.

372:2 Entry on Lands. –
The grantees to whom the legislature has granted the right to construct and maintain a railroad, by virtue of a special charter or of the general laws, may enter upon any land which falls within their route, and by their agents and engineers may make such surveys as they deem necessary.
Source.
GS 146:5. GL 160:5. PS 158:2. PL 248:2. RL 298:2.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 372 - Laying Out Railroads › Section 372:3 - Location.

372:3 Location. –
Persons authorized to construct and maintain a railroad as provided in RSA 372:2 shall locate the route for their railroad where they deem it most suitable, establishing at convenient distances, not exceeding one mile apart, permanent monuments easily ascertainable. The width of the land located shall not exceed 6 rods, with necessary additions for excavations and embankments, unless the corporation has special legislative authority to make it wider.
Source.
GS 146:6. GL 160:6. PS 158:3, 4. PL 248:3. RL 298:3.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 372 - Laying Out Railroads › Section 372:4 - Return.

372:4 Return. –
Persons authorized to construct and maintain a railroad as provided in RSA 372:2 shall make a return of their location with reference to such monuments to the office of the secretary of state. Such return shall describe the location of the road by courses and distances with reference to such monuments, the width of the land located, the quantity of land of each owner proposed to be taken, and the name of the owner, if known.
Source.
GS 146:7. GL 160:7. PS 158:3, 4. PL 248:4. RL 298:4.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 372 - Laying Out Railroads › Section 372:5 - Times of Location.

372:5 Times of Location. –
Persons authorized to construct and maintain a railroad as provided in RSA 372:2 may locate and lay out the road in its entire course at one time, or in parts at different and successive times, as they shall deem conducive to the interests of all concerned.
Source.
CS 150:21. GS 146:4. GL 160:4. PS 158:5. PL 248:5. RL 298:5.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 372 - Laying Out Railroads › Section 372:6 - Notice.

372:6 Notice. –
Persons authorized to construct and maintain a railroad as provided in RSA 372:2 shall give a copy of such location to each owner of land included in the location, if known and resident in the state, at least 14 days before application shall be made for an appraisal of the damages and, if such owner is unknown or does not reside in the state, by publishing such copy in some newspaper published in the county in which the land is situated.
Source.
1901, 111:1. PL 248:6. RL 298:6.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 372 - Laying Out Railroads › Section 372:7 - Change of Location.

372:7 Change of Location. –
If any owner of land over which the road is located, or stockholders of the corporation holding 1/10 of its capital stock, are dissatisfied with the location, they may, at any time before damages are assessed, apply by petition to the department of transportation for a change of the same and the department of transportation shall give notice to the corporation and all others interested by publication, and, after due hearing and examination, shall require such change in the location as the public good may require.
Source.
GS 146:8. GL 160:8. PS 158:6. PL 248:7. RL 298:7. 1951, 203:1. RSA 372:7. 1985, 402:6, I(e)(5).
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 372 - Laying Out Railroads › Section 372:8 - Conveyances.

372:8 Conveyances. –
The corporation, either before or after such location, may obtain deeds, or bonds for deeds, of any lands which it deems necessary for its road, or of the right of way over the same.
Source.
GS 146:9. GL 160:9. PS 158:8. PL 248:8. RL 298:8.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 372 - Laying Out Railroads › Section 372:9 - Petition for Appraisal.

372:9 Petition for Appraisal. –
If from any cause the corporation does not obtain the deeds provided for in RSA 372:8, it may apply by petition to the department of transportation to appraise the damages occasioned to the owners of such lands by the railroad.
Source.
1844, 128:5. CS 150:10. GS 146:10. GL 160:10. PS 158:9. 1913, 49:1. PL 248:9. RL 298:9. 1951, 203:1. RSA 372:9. 1985, 402:6, I(e)(5).
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 372 - Laying Out Railroads › Section 372:10 - By Landowner.

372:10 By Landowner. –
The owner of any interest in any land over which the road is located, at any time after the return of the location is made as above provided, may apply in like manner by petition to the department of transportation to appraise the damages occasioned to him by the railroad.
Source.
1844, 128:5. CS 150:10. GS 146:10. GL 160:10. PS 158:9. 1913, 49:1. PL 248:10. RL 298:10. 1951, 203:1. RSA 372:10. 1985, 402:6, I (e)(5).
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 372 - Laying Out Railroads › Section 372:11 - Abeyance of Appraisal.

372:11 Abeyance of Appraisal. –
No appraisal of damages to landowners shall be made, after a petition for a change of location has been presented to the department of transportation, until such question has been decided.
Source.
GS 146:13. GL 160:13. PS 158:10. PL 248:11. RL 298:11. 1951, 203:1. RSA 372:11. 1985, 402:6, I(e)(5).
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 372 - Laying Out Railroads › Section 372:12 - Award.

372:12 Award. –
The department of transportation shall file its report in the office of the secretary of state, and shall certify the damages awarded to landowners in each town to the town clerk of such town, within 10 days after making the award; and the clerk shall note upon such certificate the date of its receipt, and keep it on file.
Source.
1847, 485:4. CS 150:18. GS 146:26. GL 160:26. PS 158:15. PL 248:12. RL 298:12. 1951, 203:1. RSA 372:12. 1985, 402:6, I(e)(5).
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 372 - Laying Out Railroads › Section 372:13 - Appeal.

372:13 Appeal. –
If either party is aggrieved by the award of the department of transportation, such party, within 60 days after the report is filed in the office of the secretary of state, and not after, may file in the office of the clerk of the superior court of the county in which the land is situated a petition to have the landowner's damages assessed by a jury, upon which petition the clerk shall issue a summons; and, after the summons has been served, the court shall assess such damages by a jury, unless the parties agree upon a different method.
Source.
1844, 128:5. CS 150:11. GS 146:17. GL 160:17. PS 158:17. PL 248:13. RL 298:13. 1951, 203:1. RSA 372:13. 1985, 402:6, I(e)(5). 2014, 204:19, eff. July 11, 2014.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 372 - Laying Out Railroads › Section 372:14 - Security on Appeal.

372:14 Security on Appeal. –
If an appeal is taken, the proprietors shall also file in the office of the clerk of court, in the county in which the land is situated, reasonable security to the satisfaction of the court for the payment of any further damages and of the costs which may be awarded to the landowner upon the appeal.
Source.
1845, 227:4. CS 150:17. GS 146:20. GL 160:20. PS 158:18. PL 248:14. RL 298:14.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 372 - Laying Out Railroads › Section 372:15 - Payment to Landowner.

372:15 Payment to Landowner. –
The damages awarded to a landowner shall be paid or tendered to him, if he is known and resident in the state, before the proprietors of the railroad shall enter on his land to construct their road, except by his consent.
Source.
1845, 227:4. CS 150:17. GS 146:20. GL 160:20. PS 158:18. PL 248:15. RL 298:15.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 372 - Laying Out Railroads › Section 372:16 - Payment to State.

372:16 Payment to State. –
If the landowner or his residence is unknown, or if he is a minor and has no guardian, or is not resident in the state, the damages awarded shall be paid to the state treasurer for the landowner's use, before the land can be rightfully entered upon.
Source.
CS 150:26, 27. GS 146:21. GL 160:21. PS 158:19. PL 248:16. RL 298:16.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 372 - Laying Out Railroads › Section 372:17 - Reduction of Damage.

372:17 Reduction of Damage. –
If the landowner's damages are reduced upon appeal, the proprietors of the railroad shall have judgment and execution against him for the amount of such reduction if he has taken the damages tendered to him; but, if he has not taken such damages, the proprietors may retain the amount of such reduction from the tender, or, if the damages have been paid to the state treasurer, the proprietors shall be entitled to have such reduction returned to them by the treasurer.
Source.
1845, 227:4. CS 150:17. GS 146:22. GL 160:22. PS 158:20. PL 248:17. RL 298:17.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 372 - Laying Out Railroads › Section 372:18 - Costs.

372:18 Costs. –
If the result of an appeal is to change the award of damages in favor of the appellant, the appellant shall recover costs; otherwise he shall pay costs.
Source.
1844, 128:5. CS 150:11. GS 146:17. GL 160:17. PS 158:21. PL 248:18. RL 298:18.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 372 - Laying Out Railroads › Section 372:19 - Action.

372:19 Action. –
No action shall be brought for damages before entry upon the land; and, if the location of the road shall be changed before the land is entered upon for the purpose of building the road, no damages shall be paid.
Source.
1845, 227:4. 1847, 485:3. CS 150:14, 16, 17. GS 146:23. GL 160:23. PS 158:22. PL 248:19. RL 298:19.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 372 - Laying Out Railroads › Section 372:20 - Change After Construction.

372:20 Change After Construction. –
The location of a railroad already built may be changed by the department of transportation upon petition of the proprietors thereof, after notice to all persons interested, a hearing and an award of damages to persons injured by the change.
Source.
1847, 485:1. CS 150:12. GS 146:18. GL 160:18. PS 158:23. PL 248:20. RL 298:20. 1951, 203:1. RSA 372:20. 1985, 402:6, I(e)(5).
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 372 - Laying Out Railroads › Section 372:21 - Rights of Parties.

372:21 Rights of Parties. –
The rights of all parties shall be the same in such case as in case of an original appraisal. The change of location shall be a discontinuance of the part abandoned, but the proprietors may be allowed by the department of transportation a limited time to remove their fixtures therefrom.
Source.
1847, 485:2. CS 150:13, 14. GS 146:19. GL 160:19. PS 158:24. PL 248:21. RL 298:21. RSA 372:21. 1985, 402:6, I(e)(5).
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 372 - Laying Out Railroads › Section 372:22 - Later Set Off.

372:22 Later Set Off. –
If land occupied by a railroad was not laid out and the damages appraised at the time of its construction, the road shall not be obstructed, but the land may be set off and the damages appraised as should have been done originally; and the costs of the proceeding shall be assessed by the department of transportation and paid by the proprietors of the railroad.
Source.
1850, 953:13. CS 150:20. GS 146:27. GL 160:27. PS 158:25. PL 248:22. RL 298:22. 1951, 203:1. RSA 372:22. 1985, 402:6, I(e)(5).
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 372 - Laying Out Railroads › Section 372:23 - Taking for Yards, Etc.

372:23 Taking for Yards, Etc. –
The proprietors of a railroad may take and hold such land as may be necessary for yards, side tracks, fuel sheds, repair shops, turntables, gravel pits, engine, car and freight houses and depots, for making provisions to supply their buildings and engines with water, and for the purpose of changing or diverting the course of streams, where necessary, for the purpose of properly constructing, maintaining or protecting their railroad, by filing a location thereof and giving notice as provided for filing the location of a railroad.
Source.
1871, 47:1. 1878, 41:1. GL 160:29, 30. 1883, 84:1. PS 158:26, 28. 1901, 111:1. PL 248:23. RL 298:23. 1951, 203:57, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 372 - Laying Out Railroads › Section 372:24 - Remedies Where Land Is Taken for Yards.

372:24 Remedies Where Land Is Taken for Yards. –
In the cases provided for in RSA 372:23, the parties shall have like remedies for a change of location, including a modification of the right taken, and for an appraisal of damages, as in the case of taking land for a railroad, with the same right of appeal and the same procedure thereon.
Source.
1883, 84:2. PS 158:29. PL 248:24. RL 298:24.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 373 - Crossings, Stations, Fences, Cattle Guards, Bridges, and Bridge Guards › Section 373:1 - Facilities.

373:1 Facilities. –
It shall be the duty of every railroad to provide suitable crossings, stations and other facilities for the accommodation of the public, and suitable gates, crossings, cattle passes and other facilities for the accommodation of persons whose lands are divided, or are separated from a highway, by a railroad.
Source.
RS 142:4. 1852, 1232:1. CS 150:35, 45. GS 147:1. GL 161:1. PS 159:1. PL 249:1. RL 299:1. 1951, 203:58 par. 1, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 373 - Crossings, Stations, Fences, Cattle Guards, Bridges, and Bridge Guards › Section 373:1-a - State-Owned Rail Lines.

373:1-a State-Owned Rail Lines. –
I. In instances where the state has acquired rail properties, the state shall have the same duty as under RSA 373:1 to provide suitable crossings and other facilities for the accommodation of the public and to provide suitable gates, crossings and other facilities for the accommodation of persons whose lands are divided, or are separated from a highway, by the state-owned railway.
II. Any party or landowner seeking crossing or other facilities pursuant to paragraph I shall make application for such crossing or other facility to the department of transportation.
III. The commissioner shall adopt rules, under RSA 541-A, establishing procedures and criteria for review of such applications and issuance of agreements for crossings and other facilities on state-owned rail property, including establishment of reasonable application and annual renewal fees.
IV. Such agreements shall include provision for apportionment of costs for construction and protection including insurance requirements and installation of appropriate safety devices.
V. The state shall provide such warning signs as are required for governmental authorities maintaining public crossings over state-owned railroad lines pursuant to RSA 373:11.
Source.
1993, 116:4. 1996, 77:2, eff. July 12, 1996.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 373 - Crossings, Stations, Fences, Cattle Guards, Bridges, and Bridge Guards › Section 373:2 - Reconstruction.

373:2 Reconstruction. –
Upon petition of a railroad, the selectmen of a town, or the mayor and council of a city, the department of transportation, after notice and hearing, may require a railroad (a) to separate the grades where a highway and railroad cross at grade or where a railroad crosses another railroad at grade, (b) to change the location of a highway or a railroad in order to avoid or improve a grade crossing or (c) to reconstruct or otherwise alter or improve any existing bridge or underpass and the approaches thereto in instances where separation of grades has been effected, or (d) to improve the approaches to any grade crossing so as to make them as nearly level as practicable where any such action is found necessary in the interest of safety to the railroad or the public. At any such hearing, the director of the division of motor vehicles shall sit and confer with the department of transportation in an advisory capacity in the determination of the necessity for such reconstruction and the apportionment of the cost of the same.
Source.
1937, 123:1. RL 299:2, 3. 1951, 203:58 par. 2. RSA 373:2. 1985, 402:6, I(e)(5).
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 373 - Crossings, Stations, Fences, Cattle Guards, Bridges, and Bridge Guards › Section 373:3 - Apportionment of Costs.

373:3 Apportionment of Costs. –
Any order issued under RSA 373:2 shall provide for the apportionment of the cost (1) between the railroads in interest if the crossing eliminated or improved is a railroad crossing or (2) between the railroad and the state if such crossing is located at the intersection of a railroad and a state highway, trunk line or state-aided highway, or (3) between the railroad and the municipality if such crossing is located at the intersection of a railroad and a highway other than those above specified. In making such apportionment, the department of transportation shall give due consideration to whether the railroad or the highway was first constructed, to the nature and volume of highway traffic, to the number of trains operated by the railroad at the crossing, and all other relevant facts and circumstances. After such reconstruction, the abutments and superstructure of the bridge or underpass shall be maintained by the railroad; but the department of transportation may direct that the wearing surface of a highway at the crossing be maintained by the state or by the town or city whenever it finds that justice so requires.
Source.
1937, 123:1. RL 299:4. 1951, 203:58 par. 3. RSA 373:3. 1985, 402:6, I(e)(5).
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 373 - Crossings, Stations, Fences, Cattle Guards, Bridges, and Bridge Guards › Section 373:4 - Consent of Department of Transportation.

373:4 Consent of Department of Transportation. –
No railroad hereafter constructed shall cross another railroad, a highway or other way, at grade, unless the consent in writing of the department of transportation is first obtained.
Source.
1885, 98:5, 6. 1889, 65:1. PS 159:2. PL 249:2. RL 299:5. 1951, 203:58 par. 4. RSA 373:4. 1985, 402:6, I(e)(5).
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 373 - Crossings, Stations, Fences, Cattle Guards, Bridges, and Bridge Guards › Section 373:5 - Neglect to Obtain.

373:5 Neglect to Obtain. –
If a railroad shall neglect to comply with the requirements of RSA 373:4, the department of transportation may subsequently approve the crossing made by the railroad, or may order it to make such changes therein as the public good requires. If the railroad shall fail to comply with such order, it shall be guilty of a felony.
Source.
PS 159:3. PL 249:3. RL 299:6. 1951, 203:58 par. 5. RSA 373:5. 1973, 529:88. 1985, 402:6, I(e)(5).
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 373 - Crossings, Stations, Fences, Cattle Guards, Bridges, and Bridge Guards › Section 373:6 - New Highways.

373:6 New Highways. –
No highway shall be laid out or constructed across a railroad at grade without the like consent of the department of transportation.
Source.
1895, 91:1. PL 249:4. RL 299:7. 1951, 203:58 par. 6. RSA 373:6. 1985, 402:6, I(e)(5).
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 373 - Crossings, Stations, Fences, Cattle Guards, Bridges, and Bridge Guards › Section 373:6-a - Private Crossings Used by Public.

373:6-a Private Crossings Used by Public. –
Whenever it shall appear, after notice and hearing held by the department of transportation upon its own motion or upon petition of any interested party, that an existing grade crossing is being used as a public highway and the adjacent approach or approaches thereto are maintained for use in a manner similar to a public highway, the department of transportation may require the same to be laid out, constructed and protected, and the costs thereof apportioned in accordance with the provisions of this chapter provided that the railroad shall not be charged with any of the said costs.
Source.
1963, 54:1. 1985, 402:6, I(e)(5).
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 373 - Crossings, Stations, Fences, Cattle Guards, Bridges, and Bridge Guards › Section 373:6-b - Utility Crossings.

373:6-b Utility Crossings. –
No railroad shall charge any municipality a fee for the privilege of constructing and laying water or sewer lines under existing railroad tracks, provided all construction and excavation costs shall be borne by the municipality. The municipality shall be obligated to rebuild the railroad track support to a condition at least as structurally strong and sound as its condition prior to the sewer or water line construction.
Source.
1978, 54:1, eff. Sept. 24, 1978.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 373 - Crossings, Stations, Fences, Cattle Guards, Bridges, and Bridge Guards › Section 373:7 - Expense.

373:7 Expense. –
In the event that a new railroad or highway is located or laid across an existing railroad or highway, the cost of construction and maintenance shall be apportioned between the parties in interest in accordance with the principles set forth in RSA 373:3.
Source.
1895, 91:1. PL 249:5. RL 299:8. 1951, 203:58 par. 7, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 373 - Crossings, Stations, Fences, Cattle Guards, Bridges, and Bridge Guards › Section 373:8 - Appeal.

373:8 Appeal. –
Either party shall have the right to appeal from the decision of the commissioner to the superior court.
Source.
1895, 91:1. PL 249:9. RL 299:9. 1951, 203:58 par. 8. RSA 373:8. 1985, 402:6, I(e)(5).