reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:40 - Piscataqua River Bridge; Maintenance.

228:40 Piscataqua River Bridge;  Maintenance. –
I. The department of transportation is authorized to employ a permanent full time maintenance crew for the Piscataqua river bridge between the city of Portsmouth and the town of Kittery, Maine. The personnel of said crew shall be responsible for the maintenance of said bridge pursuant to the provisions of the memoranda of understanding between the state of Maine, department of transportation, and the state of New Hampshire, department of transportation, dated July 26, 1972 and February 14, 1973, and any amendments thereto or substitute agreements on the same subject that may be effected, which memoranda were ratified by the respective states by letters of reference. The maintenance crew shall be under the supervision and direction of the bridge maintenance engineer of the department of transportation.
II. Any funds received from the state of Maine for the maintenance of said bridge pursuant to the memoranda of understanding cited in paragraph I, or any amendments thereto or substitute agreements, shall be applied against the total appropriation for maintenance of said bridge.
Source.
RSA 229:15-a. 1975, 420:1. 1981, 87:1. 1985, 402:6, I(a)(1).
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:41 - Report.

228:41 Report. –
The commissioner shall annually report to the governor and council the work done and expenditures incurred by his department for the fiscal year ending June 30.
Source.
1915, 103:6. 1923, 83:1. PL 83:17. 1931, 16:1. RL 99:18. 1943, 199:1. 1945, 188:1, part 10:20. RSA 229:16. 1961, 5:1. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:43 - Disposal of Papers and Records.

228:43 Disposal of Papers and Records. –
The commissioner may authorize the destruction of papers or records not having a permanent or historical value at the end of 7 years from the making thereof; provided, however, that the rules and regulations of the director of the division of archives and records management, as promulgated under RSA 5:40, may provide that designated papers or records may be destroyed at an earlier period or require their retention for a longer period.
Source.
1929, 108:1. RL 99:20. 1945, 188:1, part 10:21. RSA 229:17. 1957, 260:2. 1963, 16:1. 1981, 87:1. 2003, 97:3, eff. Aug. 5, 2003.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:44 - Certified Copies.

228:44 Certified Copies. –
Copies of records, papers and plans in the office of the commissioner, when certified by the commissioner or assistant commissioner under oath to be true copies, shall be evidence in like manner as the originals.
Source.
1945, 188:1, part 10:22. RSA 229:18. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:45 - Engineers.

228:45 Engineers. –
Upon the application of any county, city, town, or unincorporated place, the commissioner may furnish to it, free of charge, the services of an engineer for the purpose of consultation and advice on matters pertaining to highways.
Source.
1945, 188:1, part 10:23. RSA 229:19. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:46 - State Planning Aid.

228:46 State Planning Aid. –
Upon request of a city, town or unincorporated place, the commissioner shall provide any necessary road inspection services to assist cities, towns and unincorporated places to develop long-range plans relative to highway construction and maintenance. Such services may include, but are not limited to, coordinated efforts and planning activities between the commissioner and the appropriate local municipal officials to reconvey state-maintained roads to the municipality.
Source.
RSA 229:19-a. 1979, 482:2. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:46-c - Wildlife Corridors and Habitat Strongholds.

228:46-c Wildlife Corridors and Habitat Strongholds. –
The department of transportation shall consider wildlife corridors and habitat strongholds as defined in RSA 207:1 in road mitigation projects and where feasible as determined by the department, including stream crossings, with expansion of capacity and redesign of culverts for potential changes in precipitation and stream flow. The department shall incorporate wildlife corridors that intersect transportation infrastructure into project planning and mitigation efforts to minimize the effect of roads on wildlife connectivity, as such information is available.
Source.
2019, 243:9, eff. Sept. 10, 2019.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:47 - Meetings.

228:47 Meetings. –
The commissioner may provide for the holding of meetings of town and city highway agents at convenient points within the state, at which advice and instruction shall be given relative to the care and maintenance of local highways; and any town or city highway agent attending such meetings shall be reimbursed for his time and necessary expenses while attending by the town or city which he represents.
Source.
1925, 109:1. PL 83:19. RL 99:21. 1945, 188:1, part 10:24. RSA 229:20. 1963, 7:1. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:48 - Supervision.

228:48 Supervision. –
It shall be the duty of the commissioner to provide some competent representative who shall periodically confer and advise with the highway agent or agents of each town and city within the state as to the best methods of care and maintenance of local highways within the respective towns and cities.
Source.
1925, 109:2. PL 83:20. RL 99:22. 1945, 188:1, part 10:25. RSA 229:21. 1981, 87:1. 1990, 38:1, eff. May 22, 1990.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:49 - Requested Maintenance and Repair Projects.

228:49 Requested Maintenance and Repair Projects. –
The commissioner may, on request of any city or town, perform work of maintenance and repair, including the furnishing of labor and materials, on any town or city road, bridge or any other property used in connection with highways, or on the request of any state department or institution, perform work of maintenance and repair, including the furnishing of labor and materials, on any property of any state department or institution, under the following conditions:
I. Upon completion of such work, the commissioner shall bill the town or city, state department or institution, therefor; and the municipality or agency shall pay said bill within 30 days after the receipt thereof. Interest at the rate of 6 percent per annum may be charged upon all bills not paid when due as herein prescribed, and the commissioner may refuse to perform further work of maintenance and repair for any municipality or agency delinquent in the payment of such bill.
II. The commissioner is authorized to purchase the necessary materials and supplies required for the performance of such work including the rental of equipment. The state treasurer upon presentation by the commissioner of manifests covering said materials, supplies and rentals is authorized to pay the same from any money in the highway fund not otherwise appropriated. Payments made by cities, towns, state departments and institutions hereunder shall include charges for labor performed by personnel of the department of transportation and interest charges on delinquent accounts. These payments shall be credited to the highway fund.
III. Every workman on projects requested by cities and towns, except workmen employed by the department of transportation in its engineering force, shall be deemed to be in the employ of the city or town requesting the project and not in the employ of the state. Such city or town shall be responsible for any claims resulting from such employment.
IV. Every workman on projects requested by state departments or institutions, except workmen employed by the department of transportation in its engineering force, shall be deemed to be in the employ of the state department or institution requesting the project and not in the employ of the department of transportation. Such state department or institution shall be responsible for any claims resulting from such employment.
Source.
RSA 229:22. 1959, 283:1. 1963, 82:1. 1981, 87:1. 1985, 402:6, I(a)(1). 2019, 134:17, eff. June 25, 2019.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:50 - Special Repair Projects.

228:50 Special Repair Projects. –
Whenever the commissioner is of the opinion that the cost of repairs to a highway, structure or facility should be reimbursed, in whole or in part, by a person, company or corporation, he may, in the first instance, charge the cost of the repairs to the special account established in RSA 228:49, II and render an invoice to the responsible party. Following a final settlement of the commissioner's claim for reimbursement, the balance of the expenses in the special account, if any, shall be charged to the department's appropriate operating accounts.
Source.
RSA 229:22-a. 1979, 217:1. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:51 - Classification Authorized.

228:51 Classification Authorized. –
With the approval of the governor and council the commissioner of transportation is hereby authorized to classify as a class I highway any existing or proposed public highway which is needed to provide essential highway transportation services from a military reservation or defense industry or activity to suitable transportation facilities.
Source.
RSA 229:23. 1961, 87:3. 1981, 87:1. 1985, 402:6, I(b)(1).
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:52 - Acceptance of Federal Funds.

228:52 Acceptance of Federal Funds. –
The commissioner of transportation is authorized to accept federal funds for the construction, improvement or maintenance of highways classified in RSA 228:51.
Source.
RSA 229:24. 1961, 87:3. 1981, 87:1. 1985, 402:6, I(b)(1).
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:53 - Reversion to Previous Status.

228:53 Reversion to Previous Status. –
When a military reservation or defense industry or activity is closed or it is determined that the highways classified in RSA 228:51 are no longer necessary the commissioner of transportation is authorized with the approval of governor and council to revert any such highway to its previous classification or to discontinue unneeded portions of such highways.
Source.
RSA 229:25. 1961, 87:3. 1981, 87:1. 1985, 402:6, I(b)(1).
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:54 - Definitions.

228:54 Definitions. –
As used in this subdivision, the following terms shall have the following meanings:
I. "Agent for the state" shall mean the commissioner of transportation as agent for the state as that term is used in the Regional Rail Reorganization Act of 1973, and any amendments thereto or other pertinent federal legislation.
II. "Commissioner" shall mean the commissioner of transportation.
III, IV. [Repealed.]
V. "Local public bodies" shall mean municipalities and political subdivisions of the state.
VI. "Person" shall mean an individual, corporation, partnership or association, foreign and domestic.
VII. "Public mass transportation" shall mean common carrier transportation on land by passenger bus or rail, either publicly or privately owned, but not including school buses, charter or sight-seeing services, and trucking services.
VIII. "Rail properties" shall mean assets or rights, both real and personal, owned, leased, or otherwise controlled by a railroad which are used or useful in rail transportation service.
IX. "Rail service" shall mean both freight and passenger service.
Source.
1981, 568:55. 1985, 402:39, I.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:55 - Common Carriers.

228:55 Common Carriers. –
I. Whenever the department shall be of the opinion, after a hearing had upon its own motion or upon complaint, that any part of a common carrier of passengers or freight within the state reasonably requires alteration or reconstruction, or that the rules, practices, equipment, appliances, or service of any common carrier in respect to transportation of persons or property within the state are unjust, unreasonable, unsafe, improper, or inadequate, the department shall determine the reconstruction or alteration reasonably required, or the just, reasonable, safe, adequate, and proper rules, 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 common carrier to be bound by the order.
II. It shall be the duty of every common carrier 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 its officers, agents, and employees.
Source.
1981, 568:55. 1985, 402:8.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:56 - Acquisition and Necessity.

228:56 Acquisition and Necessity. –
Notwithstanding any provisions of the law to the contrary, the commissioner, as sole agent for the state, and with the approval of the governor and council, is authorized to acquire, by purchase or condemnation, or otherwise, such portion or portions of the rail property of any railroad corporation, including such tracks and ties, rights-of-way, land, buildings, appurtenances and other facilities necessary and required for the operation of railroads, as well as any other property found by the commissioner to be necessary for the operation of a railroad or other transportation purposes, including recreational trails. The authority to acquire such rail properties shall extend to rail properties within, as well as those not within, the jurisdiction of the Interstate Commerce Commission, and includes rail properties within the purview of the Regional Rail Reorganization Act of 1973, and any amendments thereto or other pertinent federal legislation. The acquisition of such rail properties and other property by the commissioner shall be for the purpose of the continued and future operation of a railroad or transportation corridor, including recreational trails, which is deemed to be in the public interest and which shall include the authority to sell or lease said properties. The acquisition of such rail properties and other property is declared to be a public use and to be reasonably necessary. This action may be taken in concert with another state or states as necessary to insure continued rail service and to insure continuous corridors, including recreational trails.
Source.
1981, 568:55. 1993, 267:1. 2006, 324:18, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:57 - Sale or Lease; Purpose.

228:57 Sale or Lease;  Purpose. –
The commissioner as sole agent for the state, with the approval of the governor and council, is authorized to sell, transfer or lease all or any part of the rail properties, and other property acquired under the provisions of this subdivision, to any responsible person, firm or corporation, for continued operation of a railroad, or other public use, provided, if necessary, approval for such continued operation, or other public use, is granted by the interstate commerce commission of the United States whenever such approval is required. Such sale, transfer or lease shall be for such price, and subject to said further terms and conditions, as in the opinion of the commissioner are necessary and appropriate to effectuate the purposes of this subdivision.
Source.
1981, 568:55. 2006, 324:19, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:58 - Interstate Commerce Commission Certificate.

228:58 Interstate Commerce Commission Certificate. –
After acquiring said railroad lines within the state of New Hampshire, the commissioner, with approval of governor and council, is authorized to assist any responsible person, firm or corporation to secure as promptly as possible after such events, from the interstate commerce commission, any order or certificate required for the performance of railroad service and to give in connection therewith such assurances or guarantees as, in his opinion, may be necessary or desirable to carry out the purposes of this subdivision.
Source.
1981, 568:55, eff. July 1, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:59 - Condemnation.

228:59 Condemnation. –
If the commissioner is unable to acquire the rail properties of any railroad, or any part thereof, by purchase or otherwise, he or she may proceed to condemn all or any such portion of such property. In all such condemnation proceedings, the legislative determination herein made that the acquisition is for a public use and is reasonably necessary shall be prima facie evidence thereof. The procedure for any necessary condemnation proceedings shall be as set forth in RSA 498-A.
Source.
1981, 568:55. 2006, 324:20, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:60 - Title to Property of Railroads.

228:60 Title to Property of Railroads. –
The commissioner is hereby authorized to take whatever steps are necessary in order to determine the absolute fee simple title ownership of all such rail properties of any railroad within the state of New Hampshire. Such determination is to include the status of such rail properties with respect to easements, rights-of-way, leases, reversionary rights, fee simple title ownership, and any and all title matters. The commissioner may retain such experts or other assistants as may be necessary to make these title determinations.
Source.
1981, 568:55, eff. July 1, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:60-b - Purchase Price for Rail Properties.

228:60-b Purchase Price for Rail Properties. –
I. All rail properties within the state offered for sale by any railway corporation after July 1, 1990, shall be offered for sale in writing to the commissioner in the first instance. In no event shall a railroad corporation offer to sell or otherwise dispose of rail properties to any person or entity on terms or conditions more favorable than those offered to the state. The state of New Hampshire acting through the commissioner shall notify such railroad corporation in writing of its acceptance or rejection of an offer within 90 calendar days of receipt of such offer. When the commissioner accepts an offer, he or she shall promptly notify the governor and the governor's council.
II. When the governor receives notice of the commissioner's acceptance of an offer to purchase rail property, he or she shall schedule the offer for consideration by the council within 90 days of the date on the notice. The state of New Hampshire, acting through the commissioner with the approval of governor and council, may match any verifiable bona fide offer made for any rail properties within the limits of funds available to the commissioner for this purpose. In the event that the property offered for sale to the commissioner is to be purchased for other transportation purposes, including recreational trails, funds for such purchase shall be identified and provided by the state agency or political subdivision requesting the commissioner to acquire the property. The state or a political subdivision thereof shall retain title to all land purchased under the right of first refusal. Cooperative use and management agreements with state agencies or political subdivisions providing acquisition funds shall be executed for parcels acquired with other than department of transportation funds. In the event that all or any part of the parcel so acquired is needed for transportation of goods or services of any kind or for any other purpose deemed necessary by the commissioner, the contributing entity shall be entitled to a refund of contribution or replacement land as determined by RSA 4:40. Any such right of first refusal shall be offered in writing to the commissioner who shall notify such railroad corporation in writing of acceptance or rejection of such an offer within 90 calendar days of receipt of such offer.
III. If the amount of any offer is unsatisfactory to the state, the commissioner may proceed to condemn such rail properties under RSA 228:59.
Source.
1983, 100:1. 1985, 254:2. 1990, 200:2. 1993, 267:2. 2001, 114:1. 2005, 88:1, eff. Aug. 6, 2005.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:60-c - Railroad Right-of-Way Preservation.

228:60-c Railroad Right-of-Way Preservation. –
I. The commissioner is authorized to enter into agreements, with owners of railroad rights-of-way on which railroad service has been abandoned, for preservation intact of railroad right-of-way corridors. Any such agreement shall provide:
(a) That a specifically identified railroad right-of-way including all tracks and bridges still in place shall remain intact and under single ownership for a period of at least 5 years; and
(b) Said railroad right-of-way may be used for recreational purposes in conjunction with the statewide trail system provided for in RSA 216-F, subject to its being made available for rail use if necessary; and
(c) During the period of the agreement, the railroad right-of-way shall not be subject to the tax established by RSA 82 and RSA 72:12 which would otherwise be attributable to it; and
(d) The owner of said railroad right-of-way shall be relieved from civil liability for any personal injury or property damage occurring on said right-of-way during the period of the agreement; and
(e) Whatever additional terms the commissioner deems necessary or desirable.
II. Any railroad right-of-way which is the subject of a railroad right-of-way preservation agreement pursuant to this section shall be deemed to be held for railroad use and in continuation of the railroad easement and shall not revert by operation of law to any other ownership.
III. The railroad right-of-way preservation agreements authorized by this section shall become lawful contracts of the state of New Hampshire and shall supersede any contrary state statute or common law when signed by the commissioner, approved as to form and execution by the attorney general and approved by the governor and council.
Source.
1983, 330:1, eff. Aug. 17, 1983.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:61 - Cooperation Between States.

228:61 Cooperation Between States. –
The commissioner is authorized to cooperate with other states in connection with the purchase of any rail properties within the state of New Hampshire. The commissioner is also authorized to acquire trackage rights in other states and rail properties lying in other states in order to carry out the intention and purposes of this subdivision. In carrying out the authority conferred by this section, the commissioner shall have the right to enter general contractual arrangements for such purposes, including joint purchase of rail properties with other states and entering into leases jointly with other states affected thereby.
Source.
1981, 568:55, eff. July 1, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:62 - Planning Authority.

228:62 Planning Authority. –
The commissioner shall have the power and authority to develop and promulgate plans for the development and continuation of railroad systems within the state of New Hampshire. The commissioner shall have the duty and responsibility for establishing a state plan as referred to in the Regional Rail Reorganization Act of 1973, including sections 401, 402 and 403 thereof, or any other pertinent federal legislation.
Source.
1981, 568:55, eff. July 1, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:62-a - Railroad Police.

228:62-a Railroad Police. –
The commissioner may recommend one or more of the employees of the division to the commissioner of safety for appointment as railroad police officers pursuant to RSA 381:2. All employees recommended for appointment shall meet the qualifications for commission set forth in RSA 381:4.
Source.
1981, 568:55, eff. July 1, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:63 - Federal Funds; Appropriations.

228:63 Federal Funds;  Appropriations. –
The commissioner is also authorized to apply for, with the approval of governor and council, loans, grants and such funds available under the provisions of the Regional Rail Reorganization Act of 1973 or other pertinent federal legislation. The commissioner may utilize federal funds, such other grants, gifts or donations as may become available and such sums as are appropriated for the purpose of acquiring rail properties and for all other purposes set forth in this subdivision.
Source.
1981, 568:55, eff. July 1, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:64 - Delinquent Railroad Taxes.

228:64 Delinquent Railroad Taxes. –
Notwithstanding any other provision of law to the contrary, there are hereby appropriated to the department and the commissioner may utilize, any delinquent state taxes and the interest due thereon to the date of acquisition from any railroad entity only as an offset against the purchase cost of any railroad property purchased from that railroad entity. Such taxes and interest hereby appropriated shall be in addition to any other funds available for the purposes of this subdivision.
Source.
1981, 568:55. 1985, 402:9.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:65 - Purchase of Rolling Stock, Equipment and Machinery.

228:65 Purchase of Rolling Stock, Equipment and Machinery. –
The commissioner is authorized to purchase such railroad rolling stock, equipment and machinery as may be necessary for the operation and maintenance of any rail properties purchased by him on behalf of the state, with any funds made available for such purposes. In furtherance of such authority, the commissioner is authorized to acquire and have available a pool of equipment and machinery which may be utilized by the operators of any such rail properties for the purpose of track maintenance and other related railroad activities, upon such terms and conditions as the commissioner may determine with approval of the governor and council.
Source.
1981, 568:55, eff. July 1, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:66 - Rebuilding, Modernization and Maintenance of Rail Properties.

228:66 Rebuilding, Modernization and Maintenance of Rail Properties. –
The commissioner is authorized to contract for the rebuilding of any rail properties, either publicly or privately owned. The commissioner is further authorized to spend any sums appropriated for such purpose as well as any other available funds for the modernization and rebuilding of any rail properties. The commissioner is also authorized to do such maintenance on any rail properties as appears necessary in the public interest. All state or federal funds appropriated for privately owned rail lines shall be expended only if the following procedures and conditions are fulfilled and incorporated into binding agreements executed by and among the state, the owner of the affected rail line, and the shippers or users who utilize said lines and who participate in the performance of the following:
I. All state funds shall be matched by the owner, shipper, or user in cash, labor, or materials in an amount equal to 20 percent of the total amount provided. All federal funds shall be matched by the owner, shipper or user in cash, labor, or materials in an amount equal to the percentage established by the Federal Railroad Administration of the total amount provided for the particular project.
II. Shippers or users participating pursuant to paragraph I shall be required to furnish assurance by signed agreement with the state to continue utilization of the line involved on an annual basis at a tonnage level of at least 80 percent of their annual tonnage average over the 3 years preceding the agreement, provided that enforcement of such assurance shall be preceded by a finding by the commissioner that any shipping rate increases during such period are reasonable.
III. Shippers or users shall make commitments to use appropriate volume and usage levels on the line.
IV. The railroad operator and its successors and assigns shall make commitments to continue service and maintenance on the lines appropriate to the volume and usage levels committed under paragraph II and at the classification level to which the lines had been rehabilitated.
V. A lien on the improved property shall be created in favor of the state in an amount which equals all, or the pro rata share, of the improvements made. The lien shall expire 10 years from the date the improvements are completed; provided that the lien shall be recorded in the registry of deeds of the county or counties in which the improved property is situated and shall not supersede any lien created by a mortgage affecting such property. The lien shall only expire if the line upon which the improvements have been made is operated and maintained for normal use for a period of 10 years subsequent to the completion of the improvements.
Source.
1981, 568:55. 1990, 200:3. 1993, 116:1, 2, eff. July 16, 1993.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:67 - Disposition of Acquired or Abandoned Rail Properties.

228:67 Disposition of Acquired or Abandoned Rail Properties. –
Whenever the commissioner determines that certain acquired or abandoned rail properties owned by the state pursuant to RSA 228:60-a, II; 228:60-a, VI; 228:60-b; or any other means are no longer needed, the commissioner may transfer or sell such rail properties to any other state department or agency, or political subdivision of the state, which will utilize such properties for public uses and, if no state department or agency, or political subdivision, wants such properties, the commissioner may sell them, in accordance with RSA 4:40 with the proceeds from the sale deposited into the special fund established in RSA 228:68. Such transfer or sale shall require approval of the long range capital planning and utilization committee and the governor and council.
Source.
1981, 568:55. 1986, 217:4. 1990, 94:1. 2001, 114:2. 2006, 324:21, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:68 - Special Fund Established.

228:68 Special Fund Established. –
The state treasurer shall establish a non-lapsing special fund to be known as the special railroad fund. He shall deposit in said fund proceeds from the sale or lease of any rail properties and income derived by the commissioner as a result of action taken pursuant to the provisions of this subdivision, and any special gifts, grants other than grants or portions of grants which are appropriated for a specific purpose, or donations for the purpose of this subdivision.
Source.
1981, 568:55, eff. July 1, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:69 - Appropriation and Use of Special Railroad Fund.

228:69 Appropriation and Use of Special Railroad Fund. –
I. All moneys including moneys received from the railroad tax imposed by RSA 82:31, operating agreements, rentals, and permit, application, and renewal fees shall be deposited in the special railroad fund established by RSA 228:68, and are hereby appropriated to be expended by the commissioner as follows:
(a) Twenty percent of the state's receipts from each railroad operating agreement shall be distributed annually to the cities and towns through which the active state-owned railroad lines used in each such agreement pass in proportion to the active state-owned trackage present in each such city or town.
(b) With the approval of the fiscal committee and governor and council, for the purchase, operation, or maintenance of railroad properties acquired or to be acquired pursuant to the provisions of this subdivision.
(c) To provide funding for the Boston to Montreal High Speed Rail Planning and Feasibility Study for the high speed rail connection between Boston and Montreal in an amount not to exceed $85,000.
II. Notwithstanding paragraph I, the commissioner may expend up to $5,000 for each project involving the operation and maintenance of railroad properties without a special appropriation or the approval of the fiscal committee and governor and council.
Source.
1981, 568:55. 1986, 217:3. 1993, 116:3. 1996, 77:1. 1999, 304:5. 2002, 259:3. 2004, 250:7, eff. June 15, 2004.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:70 - Authorized to Employ Consultants.

228:70 Authorized to Employ Consultants. –
The commissioner may, in support of his actions as herein authorized, engage the services of consultants for the purpose of preparing estimates for plant rehabilitation costs. Further, he may engage, as he considers necessary, the services of qualified independent consultants to perform economic feasibility studies, appraisals, title searches and legal counsel, or as otherwise necessary in carrying out the responsibilities of this subdivision.
Source.
1981, 568:55, eff. July 1, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:72 - Discontinuances of Service.

228:72 Discontinuances of Service. –
Whenever any operator of a public mass transportation system shall file with the department a petition requesting authorization to discontinue service, it shall be the duty of the commissioner, after hearing, to determine if it is in the public interest to discontinue such service, and if it shall be found that it is not in the public interest that such service be discontinued, the commissioner shall so order and prepare a plan for the continued operation or acquisition of such system. If it is found to be in the public interest for such service to be discontinued, the commissioner may so order.
Source.
1981, 568:55. 1985, 402:12.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:73 - Statutes Not Applicable.

228:73 Statutes Not Applicable. –
Any regular route passenger transportation operation conducted directly by the department or by contract with the department shall not be subject to the requirements of RSA 376, provided, however, that such operations shall be subject to all safety and insurance standards as set forth by the department for similar operations.
Source.
1981, 568:55. 1985, 402:13. 1992, 150:2, eff. July 5, 1992.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:74 - Exemptions for Property.

228:74 Exemptions for Property. –
All property of the department and all property held in the name of the state and under the jurisdiction of the department shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the same. Notwithstanding any other provision to the contrary, no property, real or personal, held by the department or the state pursuant to the provisions of this subdivision, shall be subject to any state, county or local tax.
Source.
1981, 568:55. 1985, 402:13.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:74-a - Carry-Over of Federal Funds.

228:74-a Carry-Over of Federal Funds. –
All Urban Mass Transportation Administration funds assigned to a New Hampshire program, which are obligated to that program until its completion, shall be carried over from one state fiscal year to the next. The length of time such funds may be carried over shall be governed by the obligated time limit assigned to the funds by the federal government.
Source.
1989, 27:1, eff. April 4, 1989.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:75 - Funding of Legal Services.

228:75 Funding of Legal Services. –
Such sums as may be appropriated for use by the department of justice for the benefit of the department and such federal funds as may be available to the department for legal services and as may be transferable to the department of justice for the provision of legal services, may be expended by the attorney general for retention of outside counsel and to offset the costs of legal services provided by the attorney general, in such proportions as the attorney general and the commissioner may agree.
Source.
1981, 568:55. 1985, 402:13.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:76 - Authority to Issue Securities.

228:76 Authority to Issue Securities. –
A common carrier by rail lawfully engaged in business in this state may, with the approval of the department, but not otherwise, issue and sell its stock, bonds, notes and other evidences of indebtedness payable more than 12 months after the date thereof for lawful corporate purposes. The proposed issue and sale of securities shall be approved by the department when it finds that the same is consistent with the public good. Such approval shall extend to the amount of the issue authorized and the purpose or purposes to which the securities or the proceeds thereof are to be applied, and shall be subject to such reasonable terms and conditions as the department may find to be necessary in the public interest; provided, however, that the provisions of RSA 293-A shall be observed by corporations organized under the laws of this state in respect of the corporate authorization required and of other formalities to be observed.
Source.
1985, 402:14.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:77 - Mortgages.

228:77 Mortgages. –
A common carrier by rail may, with the approval of the department but not otherwise, mortgage its present and future property, tangible and intangible, including franchises, to secure the payment of its bonds or notes, including any bonds or notes to be thereafter issued under the provisions of such mortgage; provided, however, that no such approval shall be required for any mortgage of property pursuant to after-acquired clauses of mortgages securing the payment of bonds or notes issued prior to September 1, 1951.
Source.
1985, 402:14.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:78 - Application for Leave To Issue.

228:78 Application for Leave To Issue. –
Any such common carrier by rail which may apply to the department for authority to issue such securities shall file with its application a statement in reasonable detail, showing the actual cost already incurred and the estimated cost to be incurred for any of the purposes for which such securities are to be issued and the actual cost already incurred and the estimated cost to be incurred for such purposes.
Source.
1985, 402:14.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:79 - Authorization.

228:79 Authorization. –
The department, after such hearing or investigation as it may deem proper, shall determine the actual or probable cost incurred or to be incurred; and, if in its judgment the issue of such securities upon the terms proposed is consistent with the public good, it shall authorize the same to an amount sufficient, at the price fixed in accordance with the laws applicable thereto, to provide funds for defraying the cost as so determined.
Source.
1985, 402:14.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:80 - Certificate.

228:80 Certificate. –
Within 30 days after a final order authorizing an issue of securities, the department shall file in the office of the secretary of state a certificate setting out the amount of the securities which it has authorized and the purposes for which the proceeds thereof may be used.
Source.
1985, 402:14.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:81 - Depreciation.

228:81 Depreciation. –
Upon any application for authority to issue securities for the purpose of providing funds for discharging any indebtedness incurred by a common carrier by rail in good faith prior to July 1, 1914, in acquiring property, or for other lawful corporate purpose, no deduction shall be made from the cost thereof, as determined by the department, on account of any estimated depreciation of plant and properties beyond the portion, if any, of such cost which it may appear has been paid out of the depreciation reserve of said common carrier by rail, if any, or out of earnings, to make good depreciation.
Source.
1985, 402:14.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:82 - Short Term Notes.

228:82 Short Term Notes. –
I. No common carrier by rail engaged in business within this state shall issue or renew any notes, bonds, or other evidences of indebtedness payable less than 12 months after the date thereof, except as provided in this section, by rules adopted by the department, or by specific order of the department in an individual case.
II. The department may adopt rules under RSA 541-A relative to a reasonable amount of the notes, bonds, or other evidences of indebtedness based on the amount of their respective plant investment which each carrier shall not exceed without first obtaining the approval of the department. In establishing the amounts of the notes, bonds, and other evidences of indebtedness which the carrier is permitted to issue or renew without prior department approval, the department shall consider the size, circumstances, and other characteristics of each carrier, the aggregate term of the renewals of such notes, bonds, and other evidences of indebtedness, and the time period and manner for reporting such renewals to the department.
Source.
1985, 402:14.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:83 - Foreign Business.

228:83 Foreign Business. –
Common carriers by rail carrying on business both within and without this state shall not be subject to the provisions of RSA 228:76-82 when the stock or obligations are to be issued for the acquisition of property, the construction, completion, extension or improvement of their facilities, or the improvement or maintenance of their service entirely without this state, or the discharge or refunding of their obligations or reimbursement of money actually expended for such purposes.
Source.
1985, 402:14.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:84 - Capitalization of Franchises.

228:84 Capitalization of Franchises. –
The department shall have no power to authorize the capitalization, directly or indirectly, of any franchise to be a corporation, or of any franchise or any right to own, operate or enjoy any franchise whatever in excess of the amount (exclusive of any tax or annual charge) actually paid to the state or to a political subdivision thereof as a consideration for the grant of such franchise or right, all such franchises, rights and privileges being granted in the public interest only, and not justly subject to capitalization against the public.
Source.
1985, 402:14.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:85 - Unincorporated Utilities.

228:85 Unincorporated Utilities. –
No unincorporated person or partnership acting as a common carrier by rail shall be required to apply to the department for authority to issue notes or bonds unless the same are to be secured by mortgage of property devoted to public use.
Source.
1985, 402:14.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:87 - Account.

228:87 Account. –
Every common carrier by rail issuing stocks, bonds or other evidence of indebtedness subject to the provisions hereof shall file with the department an account showing, in such detail as the department shall require, the disposition of the proceeds of such issue.
Source.
1985, 402:14.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:88 - Foreign Corporations.

228:88 Foreign Corporations. –
Any foreign corporation which shall engage in intrastate business as a common carrier by rail within this state after May 1, 1919, shall be subject to the provisions of RSA 228:76-92, and, by applying for authority to begin or by continuing to engage in such intrastate business after said date, shall be deemed to have consented to said provisions as a condition precedent to its right to engage in such intrastate business.
Source.
1985, 402:14.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:89 - Common Carriers.

228:89 Common Carriers. –
A common carrier by rail for any corporate purpose approved by the department, upon petition of the corporation, may, from time to time, with the authority of the department as provided in RSA 228:76-92, increase its capital stock or bonds beyond the amounts fixed and limited by its articles of association or its charter or by any act of the general court.
Source.
1985, 402:14.