reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:81-a - Repair of Roads Not Maintained by a Municipality.

231:81-a Repair of Roads Not Maintained by a Municipality. –
I. In the absence of an express agreement or requirement governing maintenance of a private road, when more than one residential owner enjoys a common benefit from a private road, each residential owner shall contribute equitably to the reasonable cost of maintaining the private road, and shall have the right to bring a civil action to enforce the requirement of this paragraph. This paragraph shall not apply to any highway defined in RSA 229:5.
II. Any owner of a residential property abutting a private road who directly or indirectly damages any portion of such road shall be solely responsible for repairing or restoring the portion damaged by such owner.
III. Nothing in this section is intended to extend or restrict the common law as applied to residences on private roads, nor to affect the rights and obligations of non-residential property owners on private roads as they exist under the New Hampshire common law on easements.
Source.
2019, 308:2, eff. Aug. 2, 2019.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:82 - to 231:89 Repealed by 1991, 385:10, I, eff. Jan. 1, 1992.

231:82 to 231:89 Repealed by 1991, 385:10, I, eff. Jan. 1, 1992. –
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:90 - Duty of Town After Notice of Insufficiency.

231:90 Duty of Town After Notice of Insufficiency. –
I. Whenever any class IV or class V highway or bridge or sidewalk thereon in any municipality shall be insufficient, any person may give written notice of such insufficiency to one of the selectmen or highway agents of the town, or the mayor or street commissioners of the city, and a copy of said notice to the town or city clerk. The notice shall be signed and shall set forth in general terms of the location of such highway, bridge, or sidewalk and the nature of such insufficiency.
II. For purposes of this subdivision, a highway or sidewalk shall be considered "insufficient" only if:
(a) It is not passable in any safe manner by those persons or vehicles permitted on such sidewalk or highway by state law or by any more stringent local ordinance or regulation; or
(b) There exists a safety hazard which is not reasonably discoverable or reasonably avoidable by a person who is traveling upon such highway at posted speeds or upon such sidewalk, in obedience to all posted regulations, and in a manner which is reasonable and prudent as determined by the condition and state or repair of the highway or sidewalk, including any warning signs, and prevailing visibility and weather conditions.
III. A highway or sidewalk shall not, in the absence of impassability or hidden hazard as set forth in paragraph II, be considered "insufficient" merely by reason of the municipality's failure to construct, maintain or repair it to the same standard as some other highway or sidewalk, or to a level of service commensurate with its current level of public use.
Source.
1893, 59:2, PL 82:8. RL 98:8. 1945, 188:1, part 18:9. RSA 247:9. 1981, 87:1. 1991, 385:3, eff. Jan. 1, 1992.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:91 - Municipality to Act; Liability.

231:91 Municipality to Act;  Liability. –
I. Upon receipt of such notice of insufficiency, and unless the highway agents or street commissioners determine in good faith that no such insufficiency exists, the municipality shall immediately cause proper danger signals to be placed to warn persons by day or night of such insufficiency, and shall, within 72 hours thereafter, develop a plan for repairing such highway, bridge, or sidewalk and shall implement such plan in good faith and with reasonable dispatch until the highway, bridge, or sidewalk is no longer insufficient, as defined by RSA 231:90, II.
II. If the municipality fails to act as set forth in paragraph I, it shall be liable in damages for all personal injury or property damage proximately caused by the insufficiency identified in the notice, subject to the liability limits under RSA 507-B:4.
Source.
1893, 59:2, PL 82:9. RL 98:9. 1945, 188:1, part 18:10. RSA 247:10. 1981, 87:1. 1991, 385:4, eff. Jan. 1, 1992.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:92 - Liability of Municipalities; Standard of Care.

231:92 Liability of Municipalities;  Standard of Care. –
I. A municipality shall not be held liable for damages in an action to recover for personal injury or property damage arising out of its construction, maintenance, or repair of public highways and sidewalks constructed thereupon unless such injury or damage was caused by an insufficiency, as defined by RSA 231:90, and:
(a) The municipality received a written notice of such insufficiency as set forth in RSA 231:90, but failed to act as provided by RSA 231:91; or
(b) The selectmen, mayor or other chief executive official of the municipality, the town or city clerk, any on-duty police or fire personnel, or municipal officers responsible for maintenance and repair of highways, bridges, or sidewalks thereon had actual notice or knowledge of such insufficiency, by means other than written notice pursuant to RSA 231:90, and were grossly negligent or exercised bad faith in responding or failing to respond to such actual knowledge; or
(c) The condition constituting the insufficiency was created by an intentional act of a municipal officer or employee acting in the scope of his official duty while in the course of his employment, acting with gross negligence, or with reckless disregard of the hazard.
II. Any action to recover damages for bodily injury, personal injury or property damage arising out of municipal construction, repair or maintenance of its public highways or sidewalks constructed on such highways shall be dismissed unless the complaint describes with particularity the means by which the municipality received actual notice of the alleged insufficiency, or the intentional act which created the alleged insufficiency.
III. The acceptance or layout of a private road as a public highway shall not be construed to confer upon the municipality any notice of, or liability for, insufficiencies or defects which arose or were created prior to such layout or acceptance.
IV. The setting of construction, repair, or maintenance standards or levels of service for highways and sidewalks by municipal officials with responsibility therefor, whether accomplished formally or informally, shall be deemed a discretionary, policy function for which the municipality shall not be held liable in the absence of malice or bad faith.
Source.
RS 57:1. CS 61:1, 7. GS 69:1, 2. GL 75:1, 2. PS 76:1. 1893, 59:1. 1915, 48:1. 1921, 107:1. 1925, 52:2, 4. PL 89.1. 1935, 118:1. RL 105:1. 1945, 188:1, part 18:17. RSA 247:17. 1981, 87:1. 1991, 385:5, eff. Jan. 1, 1992.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:92-a - Snow, Ice and Other Weather Hazards.

231:92-a Snow, Ice and Other Weather Hazards. –
Notwithstanding RSA 231:90-92, a municipality or school district shall not be held liable for damages arising from insufficiencies or hazards on public highways, bridges, or sidewalks, even if it has actual notice or knowledge of them, when such hazards are caused solely by snow, ice, or other inclement weather, and the municipality's or school district's failure or delay in removing or mitigating such hazards is the result of its implementation, absent gross negligence or reckless disregard of the hazard, of a winter or inclement weather maintenance policy or set of priorities adopted in good faith by the officials responsible for such policy; and all municipal or school district employees and officials shall be presumed to be acting pursuant to such a policy or set of priorities, in the absence of proof to the contrary.
Source.
1991, 385:6. 1998, 249:2, eff. Jan. 1, 1999.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:93 - When Municipalities Not Liable.

231:93 When Municipalities Not Liable. –
Municipalities shall not be deemed to have any duty of care whatsoever with respect to the construction, maintenance or repair of class I, III, III-a or VI highways, or state maintained portions of class II highways. Upon any highway or other way with respect to which a municipality is found to have a duty of care of any kind, its liability shall be limited as set forth in this subdivision.
Source.
RS 105:4. 1945, 188:1, part 18:18. RSA 247:18. 1981, 87:1. 1991, 385:7. 1992, 265:14, eff. July 1, 1992.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:94 - Sufficiency of Warning.

231:94 Sufficiency of Warning. –
Sufficient warning of dangerous embankments shall be held to have been given whenever the railing, post, or other warning signs or structures conform to the standards prescribed by the commissioner of transportation and have been approved by him in the manner hereinafter provided.
Source.
1925, 52:2. PL 89:2. 1935, 118:2. RL 105:2. 1945, 188:1, part 18:19. RSA 247:19. 1981, 87:1. 1985, 402:6, I(b)(3).
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:95 - Approval of Railings.

231:95 Approval of Railings. –
The department of transportation shall examine all railings, posts, or other warning signs or structures erected by a town upon any highway, upon the written request of such town, and if the same are approved as standard, a record of such request, of the examination and approval, and of the locations shall be made and kept in the office of the department. A copy of such records shall be filed forthwith in the office of the town clerk. When certified by the commissioner of transportation, a copy shall be received by all courts as evidence of the sufficiency of such railings, posts, or other warning signs or structures for a period of 3 years after such record has been made.
Source.
1925, 52:3. PL 89:3. 1935, 118:3. RL 105:3. 1945, 188:1, part 18:20. 1950, 5:1, part 9:1, par. 2. RSA 247:20. 1981, 87:1. 1985, 402:6, I(a)(3), (b)(3).
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:96 - to 231:104 Repealed by 1991, 385:10, II, eff. Jan. 1, 1992.

231:96 to 231:104 Repealed by 1991, 385:10, II, eff. Jan. 1, 1992. –
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:105 - Liability of 2 or More Towns.

231:105 Liability of 2 or More Towns. –
If 2 or more towns are chargeable with the expense of repairing and maintaining a highway they shall be liable for such damages and all costs and expenses of suits for the recovery thereof, in the proportion in which they are required to contribute towards its repair and maintenance; and the claimant may begin and prosecute proceedings for the recovery of such damages against all the towns jointly, or against the town in which the highway is situated.
Source.
1883, 49:1. PS 76:11. PL 89:13. RL 105:13. 1945, 188:1, part 18:29. RSA 247:29. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:106 - Notice; Appearance.

231:106 Notice;  Appearance. –
In case the proceedings are begun against the town in which the highway is situated only, the selectmen thereof shall cause true copies of all statements, petitions, writs and other papers served upon them or their town to be given to, or left at the usual place of abode of, one of the selectmen and the clerk of each of the other towns liable to contribute as aforesaid, within 10 days after such service; and such other towns may appear and be heard in all the proceedings as if they were parties to the record, and the record may be amended so as to include them.
Source.
1883, 49:3, 4. PS 76:12. PL 89:14. RL 105:14. 1945, 188:1, part 18:30. RSA 247:30. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:107 - Settlement by One Town.

231:107 Settlement by One Town. –
Any such town may settle with the claimant its proportion of the damages claimed; and the settlement shall be a full discharge of its proportional share of the damages and costs as against both it and the other towns; but the same shall not affect the claimant's rights against the other towns or either of them, or be put in evidence in any suit commenced by him against them, except in proceedings relating to the adjustment of contributions between the towns, when final judgment is to be entered up.
Source.
1883, 49:3. PS 76:13. PL 89:15. RL 105:15. 1945, 188:1, part 18:31. RSA 247:31. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:108 - Apportionment.

231:108 Apportionment. –
Whenever final judgment is to be entered up in any such action the court, upon notice to all the towns interested, shall determine the amount to be paid by each to either of the others to adjust all matters of damage, cost and expense according to the provisions of the preceding sections, and make orders and issue executions accordingly.
Source.
1883, 49:5. PS 76:14. PL 89:16. RL 105:16. 1945, 188:1, part 18:32. RSA 247:32. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:109 - Liability of Persons for Damages on Bridges, Culverts, and Embankments.

231:109 Liability of Persons for Damages on Bridges, Culverts, and Embankments. –
Any person or corporation, except municipal corporations, through whose negligence or carelessness any obstruction, defect, insufficiency, or want of repair is caused upon any highway, shall be liable to any person injured by reason thereof, and the damages may be recovered in an action on the case; provided that this subdivision shall not enlarge the common law liability of public officers.
Source.
1945, 188:1, part 18:33. RSA 247:33. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:110 - Venue.

231:110 Venue. –
All actions for damages brought under the provisions of this subdivision shall be brought in the superior court of the county where the injuries were received.
Source.
1878, 35:4. GL 75:14. PS 76:16. PL 89:18. RL 105:18. 1945, 188:1, part 18:34. RSA 247:34. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:111 - Construction of Sidewalks.

231:111 Construction of Sidewalks. –
The mayor and aldermen of any city, upon petition, may construct sidewalks therein, with or without edgestones, and covered with any appropriate material, and for that purpose may widen and straighten any highway as in other cases, except that the notice of proceedings shall state that the construction of a sidewalk is contemplated.
Source.
1875, 36:1. GL 78:1. PS 79:1. PL 95:1. RL 111:1. 1945, 188:1, part 22:1. RSA 252:1. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:112 - Assessing Abutters.

231:112 Assessing Abutters. –
In constructing such sidewalks such board may assess upon the owners of the property abutting on such street a portion not exceeding
1/2 of the expense of constructing the same, and the amount so assessed upon each of such owners shall be reasonable, and proportional to the benefits accruing to the land upon which such assessment is laid; said assessments may be payable in one year or prorated over a period not to exceed 10 years, in the discretion of the board; and all assessments thus made shall be valid and binding upon the owners of such land, and shall be a lien thereon for one year after the same are made and notice given to the persons assessed, and said lands may be sold for non-payment thereof as in the case of non-payment of taxes on resident lands. The landowner shall have the same right of appeal, with the same procedure, as in other highway cases.
Source.
1895, 72:1. PL 95:2. RL 111:2. 1945, 188:1, part 22:2. RSA 252:2. 1963, 109:1. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:113 - Repair and Maintenance.

231:113 Repair and Maintenance. –
The highway agent, under the direction of the mayor and aldermen of a city or the selectmen of a town shall have charge of the repair of all sidewalks therein constructed under the provisions of this subdivision, and such sidewalks shall be maintained, repaired and reconstructed by the city or town in which they are located without further assessment to the abutting owner.
Source.
1945, 188:1, part 22:3. RSA 252:3. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:114 - Findings and Declaration of Necessity.

231:114 Findings and Declaration of Necessity. –
It is hereby found and declared:
I. That the free circulation of traffic of all kinds through the streets of the municipalities of this state is necessary for the rapid and effective fighting of fires, disposition of police forces, and transit of other emergency vehicles in said municipalities for the health, safety, morals and general welfare of the public, whether residing in or traveling to, through or from said municipalities in the course of lawful pursuits as well as for the sound economic development of such municipalities;
II. That in recent years the parking of motor vehicles of all kinds on the streets of said municipalities has so substantially impeded such free circulation of traffic as to constitute at the present time a public nuisance endangering the health, safety, morals and welfare of the general public, as well as endangering the economic life of said municipalities;
III. That such traffic congestion cannot be adequately abated except by provisions for sufficient off-street parking facilities; and that the enactment of laws to so provide off-street parking facilities is therefore a necessity in the public interest.
Source.
RSA 252-A:1. 1969, 493:1. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:115 - Definitions.

231:115 Definitions. –
Terms used in this subdivision shall have the meanings set forth below, unless a different meaning is clearly apparent from the language or context, or is otherwise inconsistent with the manifest intention of this subdivision:
I. "Public parking facilities" shall mean any lots, garages, parking terminals and other structures of one or more levels, facilities and accommodations for the parking of motor vehicles off the street or highway and open to public use with or without charge and all facilities appurtenant thereto including ancillary waiting rooms, lockers, space for concessions, stores, and offices, terminal facilities for trucks and buses, facilities for the servicing of motor vehicles and for the sale of gasoline, oil and other accessories; and said term shall include structures over or under other structures which other structures may be owned by or leased to a person or corporation and used in whole or part for other than municipal purposes; and said term shall also include streets and ways constructed for access to or egress from such public parking facilities.
II. "Cost of construction" shall mean and include the purchase price of any public parking facility, the cost of construction, the cost of all labor, materials, machinery and equipment, the cost of improvements, the cost of all lands, property, rights, easements and franchises acquired, financing charges, interest prior to and during construction, cost of plans and specifications, surveys and estimates of cost and of revenues, cost of engineering and legal services, and all other expenses necessary or incident to determining the feasibility or practicability of such construction administrative expense and such other expenses as may be necessary or incident to the financing herein authorized.
III. "Operating expenses" shall mean and include any costs related to the maintenance, operation and repair of public parking facilities and shall include, without limiting the generality of the foregoing, ordinary and usual expenses of maintenance and repair, engineering expenses relating to operation, maintenance and repair, insurance premiums after completion of construction, administrative and legal expenses after such completion and the reasonable cost of policing public parking facilities.
IV. "Municipality" or "municipalities" shall include any city or town in the state.
V. "Legislative body" shall mean the town meeting in towns and the mayor and aldermen in cities.
VI. "Governing board" shall mean the selectmen in towns and the mayor and aldermen in cities.
Source.
RSA 252-A:2. 1969, 493:1. 1971, 512:10. 1981, 87:1. 1993, 169:2, eff. July 23, 1993.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:116 - Plan.

231:116 Plan. –
I. When the legislative body of any municipality finds that the public health, safety, morals and general welfare so requires, it may undertake to study the question of providing public parking facilities. For the purpose of such study said legislative body may appoint or authorize its governing board to appoint an investigative and planning board or may contract with private planners or developers which investigative and planning board or private party shall study the parking needs and conditions in said municipality and shall propose a plan for providing one or more public parking facilities; and said legislative body may appropriate such sums of money as are reasonably necessary therefor.
II. The plan referred to in paragraph I of this section, in addition to providing a detailed proposal for the construction of one or more public parking facilities shall show that there is a need for public parking facilities, that the facilities proposed therein are proposed with respect to that need, and shall include an estimate of construction costs and operating expenses and the method of financing and paying the same. Any such plan shall provide that construction costs or operating expenses shall be raised by assessments as provided in RSA 231:120 and the plan shall so indicate and shall determine the boundaries of any prescribed area within which special benefit assessments shall be levied, which area may but need not be coterminous with the municipality. No such plan shall be adopted unless it provides that at least 50 percent of the construction costs and operating expenses shall be raised by assessments upon the owners or lessees of leasehold interests whose lands receive special benefits therefrom and such plan shall also provide that no more than 25 percent of such construction costs and operating expenses shall be raised from general revenues and no more than 25 percent of such construction costs and operating expenses shall be raised from motor vehicle permit fees as provided in RSA 261:154.
III. The legislative body of a municipality may adopt the proposed plan with or without amendment and proceed with the construction of the public parking facilities. Nothing herein shall be construed to prevent the municipality from thereafter changing or amending the plan upon a finding by the legislative body that the public interest requires such change or amendment.
Source.
RSA 252-A:3. 1969, 493:1. 1981, 87:1, eff. April 20, 1981; 146:5, XIII, eff. Jan. 1, 1982; 146:7, V, eff. May 22, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:117 - Construction and Operation.

231:117 Construction and Operation. –
Pursuant to a plan adopted under RSA 231:116 a municipality is empowered, subject to the fiscal and other pertinent requirements of law:
I. To construct or contract for the construction of public parking facilities and shall have the right to acquire or agree to acquire when completed in the name and on behalf of the municipality, public parking facilities being constructed or to be constructed as part of a structure which when completed may include facilities to be used for other than municipal purposes and to participate or agree to participate in the construction of such public parking facilities and to make payments on account of such construction; provided, however, that no such acquisition or agreement to acquire or participation or agreement to participate in such construction shall be permitted except with respect to public parking facilities to be constructed on land or air rights owned by or under lease to the municipality for a period of not less than 40 years from the date on which such facilities are to be constructed or acquired. Subject as aforesaid, municipality is empowered to equip, maintain and operate such facilities;
II. To establish and collect reasonable off-street parking fees; to control, manage and operate such other facilities as are contained in any building or upon any property in or upon which public parking facilities are provided;
III. To adopt rules and regulations governing the operation of public parking facilities;
IV. To lease the operation of public parking facilities to any individual, firm or corporation as the public interest may warrant.
Source.
RSA 252-A:4. 1969, 493:1. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:118 - Eminent Domain.

231:118 Eminent Domain. –
If the legislative body of a municipality which has adopted a plan as described shall determine to acquire pursuant to said plan any real property or interest therein, including air rights, necessary for or incidental to the construction, maintenance or operation of public parking facilities, it may proceed to take such real property or interest therein by an exercise of the power of eminent domain in the same manner as provided in this chapter, or it may exercise the power of eminent domain in the manner provided by any other applicable statutory provisions for the exercise thereof.
Source.
RSA 252-A:5. 1969, 493:1. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:119 - Borrowing Power.

231:119 Borrowing Power. –
Municipalities may finance the construction of public parking facilities by issuing bonds or notes, which bonds or notes shall conform to and be issued in accordance with the provisions of RSA 33 insofar as the same may be applicable. All such bonds or notes shall be issued for public parking facilities pursuant to a plan as provided in this subdivision which provides that an amount equal to at least 50 percent of the principal of such bonds or notes are to be assessed as provided in this subdivision, raised by motor vehicle permit fees as provided in RSA 261:154, or funded from the revenues of the parking system, or any combination thereof, shall at no time be included in the net indebtedness of the municipality for the purpose of ascertaining its borrowing capacity.
Source.
RSA 252-A:6. 1969, 493:1. 1981, 87:1, eff. April 20, 1981; 146:5, XIV, eff. Jan. 1, 1982; 146:7, V, eff. May 22, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:120 - Levying Assessments for Public Parking Facilities.

231:120 Levying Assessments for Public Parking Facilities. –
I. The assessors of any municipality which has constructed public parking facilities, upon direction from the legislative body and in accordance with the plan adopted, shall assess in the manner provided in paragraph II of this section upon the owners or lessees of leasehold interests, whose lands receive special benefits therefrom, their just share of the cost of construction of the same. All assessments thus made shall be valid and binding upon the owners or lessees of such land. The funds collected from assessments shall be used solely for the construction of public parking facilities or for the redemption of bonds or notes issued by the municipality to obtain funds for the construction of public parking facilities, including funds paid to a housing authority for the construction of public parking facilities.
II. The plan may provide that assessments shall be made:
(a) At one time and assessments so made may be prorated over a period not exceeding the number of years which the plan shall provide to defray the construction costs of the public parking facilities; or
(b) From year to year upon the owners or lessees of leasehold interests at the time such assessment is made, their just proportion of the construction costs which shall become due in that year, including the amount of principal and interest due during the year on any bonds or notes issued to provide funds to pay such construction costs.
Source.
RSA 252-A:7. 1969, 493:1. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:121 - Basis of Assessment.

231:121 Basis of Assessment. –
Assessments shall be levied according to a formula which shall be set forth in the plan and which shall be reasonable and proportional to the benefits conferred upon the land or leasehold interest upon which such assessment is laid. Such formula may, but need not necessarily, be based on the number of off-street parking spaces required to be furnished by owners of land under any lawful zoning ordinances or bylaw in effect or which may be adopted by the municipality. If the formula based on a zoning ordinance requirement of off-street parking is used, the plan may provide for credit to those owners or lessees who have erected or constructed private parking structures, but need not provide credit for private parking lots.
Source.
RSA 252-A:8. 1969, 493:1. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:122 - Assessment for Operating Expenses.

231:122 Assessment for Operating Expenses. –
In order to defray the costs of the operation and maintenance of such public facilities, the assessors may assess upon the owners and lessees whose land is benefited by such public parking facilities their just share of the annual operating expenses of the same. The assessors may establish a scale of assessments and prescribe the manner in which and the time at which such assessments are to be paid and to change such scale from time to time as may be deemed advisable.
Source.
RSA 252-A:9. 1969, 493:1. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:123 - Special Account.

231:123 Special Account. –
The funds received from the collection of assessments provided in RSA 231:122 shall be deposited by the treasurer of the municipality in a special account which in any fiscal year shall be used only to pay the operating expenses of the public parking facilities. Any surplus in such account at the end of the fiscal year may be used for the enlargement or replacement of the public parking facilities but shall not be used for any other purpose than those above specified.
Source.
RSA 252-A:10. 1969, 493:1. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:124 - Lien for Assessment or Rentals.

231:124 Lien for Assessment or Rentals. –
All assessments under the provisions of RSA 231:120 and 122 shall create a lien upon the lands on account of which they are made, which shall continue until one year from October 1 following the assessment, and, in case an appeal has been taken and the assessment has been sustained in whole or in part upon such appeal, until the expiration of one year from such decision, whichever is later. Such assessments shall be subject to the interest and such other charges as are applicable to delinquent taxes. In the event that the assessments are payable over a period of years, then the assessment shall be prorated on an annual basis and the lien on said lands shall attach annually.
Source.
RSA 252-A:11. 1969, 493:1. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:125 - Collection of Assessments.

231:125 Collection of Assessments. –
Assessments provided in RSA 231:120 and 122 shall be committed to the collector of taxes, with a warrant under the hands and seal of the assessors requiring him to collect them; and he shall have the same rights and remedies and be subject to the same liabilities in relation thereto as in the collection of taxes.
Source.
RSA 252-A:12. 1969, 493:1. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:126 - Abatement of Assessments.

231:126 Abatement of Assessments. –
For good cause shown, the assessors may abate any such assessment made by them or by their predecessors.
Source.
RSA 252-A:13. 1969, 493:1. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:127 - Petition to Court.

231:127 Petition to Court. –
If the assessors neglect or refuse to abate any such assessments, any person aggrieved may apply by petition to the superior court for relief at any time within 90 days after notice of the assessment, and not afterwards; and the court shall make such order thereon as justice may require.
Source.
RSA 252-A:14. 1969, 493:1. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:128 - Correction of Assessments.

231:128 Correction of Assessments. –
If any error is made in any such assessment it may be corrected by the assessors by making an abatement and a new assessment, or either, as the case may require; and the same lien, rights, liabilities and remedies shall attach to the new assessment as to the original.
Source.
RSA 252-A:15. 1969, 493:1. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:129 - Optional Referendum; Two-Thirds Vote of Legislative Body.

231:129 Optional Referendum;  Two-Thirds Vote of Legislative Body. –
I. Referendum. If the legislative body of a municipality affected by this subdivision desires to place the question of approving a plan formulated pursuant to this subdivision on a referendum, they may do so at any regular municipal election or at a special election called for the purpose. Should a referendum be held, the following question shall be submitted "Shall the legislative body of the city of ( ) be instructed to approve the plan submitted to it concerning the construction of parking facilities?" The legislative body shall be bound by the outcome of the referendum.
II. Two-Thirds Vote. If the legislative body should decide not to place the question of approving a plan formulated pursuant to this subdivision on a referendum, a
2/3 vote of the entire membership of the legislative body shall be necessary in order to approve such plan.
Source.
RSA 252-A:16. 1969, 493:1. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:130 - Power to Install.

231:130 Power to Install. –
The city council of any city shall have the power to authorize the installation of parking meters on any street or public parking area and the power to establish reasonable charges for parking to be paid through such meters and the powers to make any incidental use of such meters for advertising as may be desirable, provided such use does not interfere with the regulation and control of traffic. Towns likewise may at any legal meeting vote to authorize the installation of parking meters and establish reasonable charges for parking to be paid through such meters and shall have the power to make any incidental use of such meters for advertising as may be desirable, provided such use does not interfere with the regulation and control of traffic.
Source.
1947, 74:1. 1951, 172:1. RSA 249:1. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:130-a - Notification of Unpaid Fines.

231:130-a Notification of Unpaid Fines. –
I. The legislative body of any municipality may adopt the provisions of this section. Each municipality which does so shall:
(a) Maintain a record in the office of the town or city clerk which shall contain a listing of all residents of such municipality who have outstanding parking violations incurred in municipalities which have adopted the provisions of this section.
(b) Notify the town or city clerk of any other municipality which has adopted the provisions of this section of any outstanding parking violations incurred by residents of such municipality within the limits of the notifying municipality.
(c) Notify the town or city clerk of any municipality which has adopted the provisions of this section of the payment of any outstanding parking violations incurred by residents of such municipality within the limits of the notifying municipality. Such action shall be taken within 10 days of the payment of the outstanding violation.
II. The town or city clerk of each municipality which has adopted the provisions of this section shall update and keep readily available the records required by RSA 231:130-a, I(a), in order that such records may be consulted at such time as residents of such municipalities apply for permits for the registration of motor vehicles pursuant to RSA 261:148.
III. The town or city clerk may provide the notifications permitted by subparagraphs I(b) and I(c) to electronic vehicle registration integrators operating under an agreement with the department of safety pursuant to RSA 261:74-s.
Source.
1987, 253:2, eff. July 17, 1987. 2011, 198:2, eff. June 15, 2011.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:131 - Revenue.

231:131 Revenue. –
The revenue derived from the use of such meters shall be expended to finance the purchase, maintenance and policing of such meters or to maintain and improve streets and highways, or to acquire, construct, improve, maintain and manage public parking areas and public transportation systems, or for any combination of the foregoing purposes, but for no purpose not expressly authorized in this section.
Source.
1947, 74:2. RSA 249:2. 1981, 87:1. 1993, 14:1, eff. May 25, 1993.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:132 - Exeter Police Commission.

231:132 Exeter Police Commission. –
The police commission of the town of Exeter shall have the same powers as are granted to city councils of cities under the provisions of RSA 231:130. The provisions of RSA 231:130 requiring authorization of the installation of parking meters and of the fixing of reasonable charges by vote at a legal town meeting shall not apply to the town of Exeter. The provisions of RSA 231:131 shall apply to the town of Exeter.
Source.
1947, 74:3. RSA 249:3. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:132-a - Parking Enforcement Provisions.

231:132-a Parking Enforcement Provisions. –
Notwithstanding any other provision of law, a municipality which installs parking meters pursuant to RSA 231:130, or which establishes other parking restrictions pursuant to RSA 41:11 or 47:17, or which seeks to enforce the stopping, standing and parking restrictions set forth in RSA 265:68-74, may utilize the following provisions in the enforcement of such parking restrictions and parking charges established through parking meters:
I. All violations of such parking restrictions and charges shall be deemed the responsibility of the registered owner of the vehicle. Such registration may be proven as set forth in RSA 261:60. Such registered owner shall be conclusively presumed to be in control of the vehicle at the time of the parking violation, and no evidence of actual control or culpability need be proved as an element of the offense. It shall be an affirmative defense that at the time of the infraction the vehicle was beyond the control of the registered owner as a result of a violation of RSA 262:12, 637:3 or 637:9 or a similar statute in another jurisdiction.
II. Municipalities may establish, by ordinance, systems for the administrative enforcement of parking violations and collection of penalties, to be utilized prior to the service of a formal summons and complaint. Such a system may be administered by a police department or other municipal agency. Such a system may include opportunities for persons who do not wish to contest parking violations to pay such penalties by mail. Such a system may also provide for a schedule of enhanced penalties the longer such penalties remain unpaid; provided, however, that the penalty for any separate parking offense shall in no case exceed the maximum penalty for a violation as set forth in RSA 651:2.
III. A written notice of violation containing a description of the parking offense and any applicable schedule of penalties, affixed to the vehicle at the time of the offense, shall be deemed adequate service of process on the vehicle owner for purposes of any administrative enforcement system established under paragraph II.
IV. If the administrative enforcement system established under paragraph II is unsuccessful at resolving alleged parking violations, or in the case of municipalities which have not established such a system, a summons may be issued as in the case of other violations of RSA title XXI, including the use of the procedure for plea by mail set forth in RSA 502-A:19-b. Notwithstanding any other provision of law, a complaint and summons for a parking offense may be served upon the defendant by postpaid certified mail, return receipt requested. Return receipt showing that the defendant has received the complaint and summons shall constitute an essential part of the service. If service cannot be effected by certified mail, then the court may direct that service on the defendant be completed as in other violation complaints.
Source.
1993, 339:1, eff. Aug. 30, 1993.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:133 - Names; Changes; Signs.

231:133 Names;  Changes;  Signs. –
I. In all towns, cities, and those village districts which maintain public highways, every highway and street under the control of the town, city, or village district shall have a name which shall be given it by the governing body. Said name shall be legibly marked on a suitable signboard or other marker and placed in at least 2 conspicuous places on said street. The governing body may change the name of any such street or highway at any time when in its judgment there is occasion for so doing. The governing body may change the name of a private street or highway when the name change is necessary to conform to the requirements of the enhanced 911 telecommunications system. In towns and village districts the governing body may at its discretion provide for public hearing and submit such names for approval at any meeting of the legislative body, and voters may submit a petitioned warrant article for such a name change under the procedure of RSA 39:3.
II. The naming of any new street or highway shall form a part of the return of the layout of the street or highway, or of the acceptance of any dedicated way. The municipality shall not be bound by any name previously assigned to the street or highway by any private owner, developer, or dedicator. No name for a highway or street shall be selected which is already in use, or which is confusingly similar to any such existing name, or which otherwise might delay the locating of any address in an emergency.
III. Whenever a name is assigned to any new street or highway, or a change is made in the name of any street or highway, the governing body shall make a return of the same to the town, city, or village district clerk, who shall make a record of the new name or name change, and shall forward a copy of such record to the commissioner of transportation.
Source.
1911, 79:1. PL 93:5. RL 109:5. 1945, 188:1, part 21:1. RSA 251:1. 1981, 87:1. 1991, 53:1. 2005, 113:1, eff. Aug. 14, 2005.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:133-a - Address Numbers on Streets and Highways.

231:133-a Address Numbers on Streets and Highways. –
The governing body may adopt a system for assigning or altering address numbers of buildings and other property along any public or private way in the municipality. Prior to the actual assignation or alteration of numbers along any way or portion of any way the governing body or planning board shall hold a public hearing for which 10 days' notice has been given by posting in 2 public places in the municipality, by publication in a newspaper in circulation in the municipality, and by first class mail to all owners of property being numbered or renumbered, as indicated by town records. No public hearing shall be required where the property owner or owners voluntarily consent to their property being numbered or renumbered, as indicated by town records. Each municipality addressing numbers on streets and highways pursuant to this section is encouraged to notify the bureau of emergency communications of the changes in accordance with RSA 106-H:10.
Source.
1991, 53:2. 1997, 92:2, eff. Jan. 1, 1998.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:134 - Corners and Angles.

231:134 Corners and Angles. –
The corners and angles of all streets shall be marked by a durable marker of stone, metal or other material, of such size and construction that it can be readily found.
Source.
1911, 79:2. PL 93:6. RL 109:6. 1945, 188:1, part 21:2. RSA 251:2. 1981, 87:1, eff. April 20, 1981.