reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:29 - Betterment Assessments Against Abutters and Those Served.

231:29 Betterment Assessments Against Abutters and Those Served. –
The cost of constructing, reconstructing or repairing such highways, streets, roads or traveled ways shall be assessed by the selectmen against the owners of property abutting or served by such facilities in an amount not exceeding the entire cost of constructing, reconstructing or repairing the same, and the amount so assessed upon each such owner shall be reasonable and proportional to the benefits accruing to the land served. Said assessments may be payable in one year or payment may be prorated over a period not to exceed 10 years, in the discretion of the appropriate governing board. All such assessments thus made shall be valid and binding upon the owners of land so abutting or served by these betterments.
Source.
RSA 234:23-b. 1979, 166:1. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:30 - Liens for Assessments.

231:30 Liens for Assessments. –
All assessments made under the provisions of RSA 231:29 shall create a lien upon the lands on account of which they are made, which shall continue following the assessment until fully discharged in accordance with the terms set by each governing board or in compliance with any court judgment. Such assessments shall be subject to interest and such other charges as are applicable to the collection of delinquent taxes.
Source.
RSA 234:23-c. 1979, 166:1. 1981, 87:1. 2001, 158:34, eff. July 5, 2001.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:31 - Collection of Assessments.

231:31 Collection of Assessments. –
Betterment assessments authorized under RSA 231:29 shall be committed to the collector of tax with a warrant under the hands and seal of the appropriate governing board requiring him to collect them; and he shall have the same rights, authority and remedies and be subject to the same liabilities in relation thereto as in the collection of taxes.
Source.
RSA 234:23-d. 1979, 166:1. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:32 - Abatement and Appeal of Betterment Assessments.

231:32 Abatement and Appeal of Betterment Assessments. –
I. Any person aggrieved by a betterment assessment made pursuant to RSA 231:29 may, within 2 months of the notice of tax date and not afterwards, apply in writing to the selectmen or assessors for an abatement of the betterment assessment.
II. Upon receipt of an application under paragraph I, the selectmen or assessors shall review the application and shall grant or deny the application in writing within 6 months after the notice of tax date.
III. (a) If the selectmen or assessors neglect or refuse to abate the betterment assessment, any person aggrieved may either:
(1) Appeal in writing to the board of tax and land appeals, upon payment of a $65 filing fee; or
(2) Petition the superior court in the county where the property is located.
(b) The appeal to either the board of tax and land appeals or superior court shall be filed within 8 months of the notice of tax date and not afterwards.
IV. For purposes of this section, "notice of tax date" means the date the taxing jurisdiction mails the betterment assessment tax bill.
V. Each betterment assessment tax bill shall require a separate abatement request and appeal.
Source.
RSA 234:23-e. 1979, 166:1. 1981, 87:1. 2001, 158:35, eff. July 5, 2001.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:33 - Repair and Maintenance.

231:33 Repair and Maintenance. –
After the betterments authorized by RSA 231:28 have been completed by a town, the highway agent or other duly authorized official under the direction of the selectmen shall have charge of all further repair and maintenance of such highways, streets, roads and traveled ways, and such highways shall be maintained, repaired and reconstructed by the town in which they are located without further assessment of the owners of property abutting or served by said facilities.
Source.
RSA 234:23-f. 1979, 166:1. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:34 - Appeal.

231:34 Appeal. –
Any person aggrieved by the decision of selectmen in the laying out or altering of a highway, or in the assessment of damages therefor, may appeal therefrom to the superior court for the county in which such land or other property is situate by petition within 60 days after the filing of the return with the town clerk for recording and not thereafter.
Source.
RS 50:9. CS 53:9. 1862, 2621:1. GS 63:10. GL 69:10, 11. PS 68:2. 1879, 57:14, 17. PL 75:2. RL 91:2. 1945, 188:1, part 5:24. RSA 234:24. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:35 - Deposit in Court.

231:35 Deposit in Court. –
Upon the filing of an appeal on the assessment of damages the selectmen may deposit with the clerk of the superior court in which the appeal is entered a sum of money equal to the damages assessed to the petitioner, and interest shall not accrue thereafter on such sum but shall only accure on the amount of final judgment in excess thereof.
Source.
1945, 188:1, part 5:25. RSA 234:25. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:36 - Payment by Court.

231:36 Payment by Court. –
The clerk of the superior court shall pay over the sum deposited upon demand to the petitioner and the acceptance of such deposit by the petitioner shall not in any manner affect or prejudice his right of appeal or be admitted in evidence at the trial by jury on the issue of damages.
Source.
1945, 188:1, part 5:26. RSA 234:26. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:37 - Judgment Against Petitioner.

231:37 Judgment Against Petitioner. –
If such sum paid to the petitioner shall exceed the amount of final judgment the court shall enter judgment against the petitioner for the amount paid to him in excess of the amount of final judgment.
Source.
1945, 188:1, part 5:27. RSA 234:27. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:38 - Petition for Layout.

231:38 Petition for Layout. –
Petitions for laying out or altering class IV, V or VI highways may be filed in the office of the clerk of the superior court in the following cases:
I. When selectmen have neglected or refused to lay out or alter the highway;
II. When having been laid out by the selectmen, it is discontinued by the town within 2 years thereafter.
Source.
RS 50:1. CS 53:1. GS 63:1. GL 67:22; 69:1. PS 68:1. PL 75:1. RL 91:1. 1945, 188:1, part 5:28. RSA 234:28. 1981, 87:1. 1982, 41:15, eff. May 28, 1982.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:39 - Notice.

231:39 Notice. –
Whenever a petition for the laying out or altering of a highway, or appealing from the decision of selectmen, is filed in superior court the clerk shall issue a summons, with a copy of the petition, to be served by the date specified by the court on the summons, and the petitioners shall cause a certified copy of the same to be given to, or left at the places of abode of, one of the selectmen and the town clerk of each town through which such highway may pass, by the service date specified on the summons, and such other notice as the court shall order.
Source.
RS 50:2. CS 53:2. GS 63:2. GL 69:2, 10. 1879, 57:14. PS 68:3. PL 75:3. RL 91:3. 1945, 188:1, part 5:29. RSA 234:29. 1981, 87:1, eff. April 20, 1981. 2014, 204:9, eff. July 11, 2014.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:40 - Petition.

231:40 Petition. –
Upon petition, when it becomes necessary for the convenient removal of lumber, wood or other material, to pass through the lands of a person other than the owner of the land from which such lumber, wood or other material is to be removed, the selectmen of the town within which said lands are situated, in their discretion, may lay out a right-of-way through the land of any person for the purposes aforesaid, and, upon notice to and hearing of the owner of the lands, shall determine the necessity for and assess the damages occasioned by the laying out of such right-of-way, and such damages shall be paid by the person applying for such right-of-way before the same shall be open for use. Any person aggrieved by the action hereunder of the selectmen shall have the same right of appeal as provided by this chapter.
Source.
RSA 234-A:1. 1963, 274:2. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:41 - Use and Discontinuance.

231:41 Use and Discontinuance. –
The selectmen may fix the length of time and conditions under which such right-of-way may be used and may order the same closed or discontinued when in their judgment it is necessary.
Source.
RSA 234-A:2. 1963, 274:2. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:42 - Notice and Hearing.

231:42 Notice and Hearing. –
The selectmen shall appoint forthwith a time for examining the premises and hearing parties in interest, and give 12 days' notice thereof to one or more of the petitioners. They shall also give like notice to persons owning or having an interest in lands through which the right-of-way to be laid out, altered or discontinued may pass, and when a right-of-way is to be altered or discontinued, a like notice shall be given to persons owning or interested in land abutting such right-of-way, of such time and of the time when they will consider claims for damage. They shall also cause a like notice to be published in a local newspaper generally circulating in the area not less than 10 days before the time set for the hearing.
Source.
RSA 234-A:3. 1963, 274:2. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:43 - Power to Discontinue.

231:43 Power to Discontinue. –
I. Any class IV, V or VI highway, or any portion thereof, in a town may be discontinued by vote of a town; provided, however, that:
(a) Any highway to public waters, or portion of such highway, laid out by a commission appointed by the governor and council, shall not be discontinued except with the consent of the governor and council.
(b) Any class V highway established to provide a property owner or property owners with highway access to their property because of a taking under RSA 230:14 shall not be discontinued except by written consent by such property owner or property owners.
II. The selectmen shall give written notice by verified mail, as defined in RSA 21:53, to all owners of property abutting such highway, at least 14 days prior to the vote of the town. In the case of a petitioned warrant article calling for discontinuance of a class VI highway, the petitioners shall bear the cost of notice.
III. No owner of land shall, without the owner's written consent, be deprived of access over such highway, at such owner's own risk.
Source.
RS 54:1. CS 58:1. GS 65:1. GL 71:1. PS 72:1. 1903, 14:1. 1925, 19:1. PL 79:1. 1931, 12:1; 121:1. RL 95:1. 1943, 68:1. 1945, 188:1, part 9:1. 1949, 13:1. RSA 238:1. 1981, 87:1. 1991, 36:1. 1995, 77:3, eff. June 8, 1995. 2014, 41:1, eff. July 26, 2014. 2019, 242:3, eff. Oct. 10, 2019.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:44 - Notice Required.

231:44 Notice Required. –
When any class IV, V or VI highway, which joins a highway in another town, has been discontinued by vote of the town, the selectmen of the town wherein the highway has been so discontinued shall notify the selectmen of said adjoining town, by registered mail, of the fact of said discontinuance. Said notification shall be made within 15 days after the action of discontinuance has been taken.
Source.
RSA 238:1-a. 1955, 107:1. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:45 - Subject to Gates and Bars.

231:45 Subject to Gates and Bars. –
Any class IV, V or VI highway, or any portion thereof, may be discontinued as an open highway and made subject to gates and bars, by vote of the town. Such a discontinued highway shall not have the status of a publicly approved street.
Source.
RS 54:1. CS 58:1. GS 65:1. GL 71:1. PS 72:1. 1903, 14:1. 1925, 19:1. PL 79:1. 1931, 12:1. RL 95:1. 1945, 188:1, part 9:2. RSA 238:2. 1969, 332:1. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:45-a - Discontinuance of Highways Subject to Legislative Body Approval.

231:45-a Discontinuance of Highways Subject to Legislative Body Approval. –
I. No class IV or V highway shall be discontinued or discontinued subject to gates and bars without the vote of the local legislative body as required by RSA 231:43 or RSA 231:45.
II. No vote or other action of the governing body shall be effective to reclassify a class IV or V highway as a class VI highway, except for the failure to maintain and repair that highway in suitable condition for travel thereon for 5 or more successive years as provided by RSA 229:5, VII.
III. Any municipality which neglects to maintain and repair a class IV or V highway, without the vote of the legislative body, shall be subject to proceedings under RSA 231:90 or RSA 231:82 at any time prior to the lapse of the 5-year period under RSA 229:5, VII.
Source.
1990, 97:1. 1991, 124:1, eff. July 19, 1991.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:46 - Authority to Reserve Existing Utility Easements.

231:46 Authority to Reserve Existing Utility Easements. –
When any class IV, V or VI highway, or any portion thereof, has been discontinued, any existing sewer, drain, water pipe or other utility easements or any permits or licenses previously established pursuant to RSA 231:159-182 shall be presumed to be reserved and shall remain in effect as an encumbrance upon the underlying land for so long as they remain in active use, unless such easements, permits or licenses are expressly included in the vote to discontinue the highway, or are subsequently discontinued by vote of the city or town.
Source.
RSA 238:2-a. 1977, 22:1. 1981, 87:1. 1992, 59:2, eff. June 12, 1992.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:47 - Consent of Court.

231:47 Consent of Court. –
Towns may not discontinue or discontinue as an open highway and make subject to gates and bars any highway concerning which proceedings are pending in court against the town for neglect or refusal to lay out, make or repair such highway, without the consent of the court.
Source.
RS 54:2. CS 58:2. GS 65:2. GL 71:2. PS 72:2. PL 79:2. RL 95:2. 1945, 188:1, part 9:3. RSA 238:3. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:48 - Appeal From Discontinuance; Damages.

231:48 Appeal From Discontinuance;  Damages. –
Any person or other town aggrieved by the vote of a town to discontinue any highway, or discontinue any highway as an open highway and made subject to gates and bars, may appeal therefrom to the superior court for the county in which such highway is situate by petition within 6 months after the town has voted such discontinuance and not thereafter. Whenever any such petition is filed in the superior court the clerk shall issue a summons, with a copy of the petition, to be served by the date specified by the court on the summons, and the petitioner shall cause a certified copy of the same to be given to or left at the places of abode of one of the selectmen and the town clerk of each town in which the highway proposed to be discontinued is located, and give notice to the owners of land abutting on such highway in the same manner as required of selectmen in laying out highways, by the service date specified on the summons, and such other notice as the court shall order. Any person or town so notified may become a party to the proceedings by entering an appearance in such proceedings with the clerk of the superior court; and no person or town so notified shall after being so notified institute any additional appeal from the vote to discontinue such highway. Except as above provided, like proceedings shall be had on such petition as in the case of appeals in the laying out of class IV, V and VI highways, and if the county commissioners report for such discontinuance they shall assess the damages sustained by any person within the town in which the highway has been discontinued.
Source.
GS 65:3. GL 71:3. PS 72:3. 1903, 14:2. PL 79:3. RL 95:3. 1945, 188:1, part 9:4. RSA 238:4. 1981, 87:1, eff. April 20, 1981. 2014, 204:10, eff. July 11, 2014.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:49 - Petition for Assessment of Damages.

231:49 Petition for Assessment of Damages. –
Any person who sustains damages by the discontinuance of a highway, or by the discontinuance as an open highway and made subject to gates and bars, by vote of the town, and from which no appeal has been taken, may petition for the assessment of damages to the superior court in the county in which the highway is situate within 6 months after the town has voted such discontinuance, and not thereafter, and like proceedings shall be had as in the case of appeals in the laying out of class IV, V and VI highways.
Source.
RS 54:3. CS 58:3. GS 65:4. GL 71:4. PS 72:4. 1903, 14:3. PL 79:4. RL 95:4. 1975, 188:1, part 9:5. RSA 238:5. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:50 - Towns Not Liable After Discontinuance.

231:50 Towns Not Liable After Discontinuance. –
Towns shall be relieved of all obligation to maintain, and all liability for damages incurred in the use of, discontinued highways or highways discontinued as open highways and made subject to gates and bars.
Source.
RS 54:1. CS 58:1. GS 65:1. GL 71:1. PS 72:1. 1903, 14:1. 1925, 19:1. PL 79:1. 1931, 12:1. RL 95:1. 1945, 188:1, part 9:6. RSA 238:6. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:51 - Dedicated Ways.

231:51 Dedicated Ways. –
Any street, lane or alley within this state which has been dedicated to public use by being drawn or shown upon a plan of lands platted by the owner, and the sale of lots in accordance with such plan, may be released and discharged from all public servitude by vote of the governing body of a city or town if such street, lane, or alley has not been opened, built, or used for public travel within 20 years from such dedication.
Source.
1913, 121:1. PL 79:5. RL 95:5. 1945, 188:1, part 9:7. RSA 238:7. 1981, 87:1. 1989, 131:1, eff. July 16, 1989.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:52 - Release by Town.

231:52 Release by Town. –
The mayor and aldermen of a city or the selectmen of a town may release and discharge any way dedicated as aforesaid from all public servitude at any time after such dedication, upon petition by any interested party and notice and hearing thereon, whenever in their opinion such way will not be needed for the accommodation of public travel. All proceedings shall be conducted in the manner provided for the laying out of highways, and any interested party may appeal to the superior court from the decision, as in the case of petitions for laying out highways.
Source.
1913, 121:2. PL 79:6. RL 95:6. 1945, 188:1, part 9:8. RSA 238:8. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:53 - Limited Access Highways.

231:53 Limited Access Highways. –
Notwithstanding any other provisions of law, selectmen of towns and mayors and aldermen of cities are hereby authorized to lay out limited access highways.
Source.
RSA 236-A:1. 1961, 25:1. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:54 - Definition.

231:54 Definition. –
A limited access highway as authorized by RSA 231:53 is defined as a highway especially designed for through traffic and over, from or to which owners or occupants of abutting land or other persons have no right or easement or only a limited right or easement of access, light, air, or view by reason of the fact that their property abuts on such limited access highway or for any other reason.
Source.
RSA 236-A:2. 1961, 25:1. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:55 - Layout, Construction.

231:55 Layout, Construction. –
In laying out the limited access highways hereby authorized, the selectmen of towns and mayors and aldermen of cities shall have all the powers granted by RSA 230:45 to a commission authorized to lay out a limited access facility. Provided, however, that said limited access highways shall be laid out in accordance with the procedure outlined in RSA 231. The selectmen and mayors and aldermen are authorized to regulate, restrict or prohibit access to said highways as to best serve the traffic for which the highways are intended. Said highways or alterations thereof may be constructed with town, city, state or federal funds but shall be maintained as class IV or V highways.
Source.
RSA 236-A:3. 1961, 25:1. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:56 - Restrictions.

231:56 Restrictions. –
The provisions of RSA 230:47, 48, 52, 53 and 54 relative to exclusion of commercial enterprises, regulations and penalties, shall, insofar as may be consistent herewith, apply to the limited access highways hereby authorized.
Source.
RSA 236-A:4. 1961, 25:1. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:57 - Levy of Highway Taxes.

231:57 Levy of Highway Taxes. –
Each town shall, at each annual meeting, raise and appropriate for the repair of highways and bridges within such town a sum not less than
1/4 of one percent of the valuation of the ratable estate on which other taxes are assessed by the town; and in addition thereto may raise as much more as it may deem necessary; providing, that no town shall be required to raise under the provisions of this subdivision more than $50 per mile for the repair of highways and bridges regularly maintained within the town.
Source.
RS 55:1. CS 59:1. GS 66:1. GL 72:1. PS 73:1. 1893, 29:2. 1899, 29:2. PL 80:1. RL 96:1. 1945, 188:1, part 16:1. RSA 245:1. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:58 - Collection.

231:58 Collection. –
All appropriations for the repair of highways in towns shall be committed to the collector of taxes and be collected as other taxes.
Source.
RS 55:12. CS 59:13. GS 66:22. GL 72:22. PS 73:5. 1893, 29:2. 1899, 97:1. PL 80:2. RL 96:2. 1945, 188:1, part 16:2. RSA 245:2. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:59 - Expenditure.

231:59 Expenditure. –
The money so raised and collected shall be expended in repairing class IV and class V highways by the agents elected or appointed for the purpose, under the direction of the selectmen.
Source.
RS 55:12. CS 59:13. GS 66:22. GL 72:22. PS 73:6. 1899, 29:3. PL 80:3. RL 96:3. 1945, 188:1, part 16:3. RSA 245:3. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:59-a - Emergency Lanes.

231:59-a Emergency Lanes. –
I. Notwithstanding RSA 231:59 or any other provision of law, a town may raise and appropriate, and the selectmen may expend, money for the repair of any class VI highway or private way which has been declared an emergency lane under paragraph II. Such repair may include removal of brush, repair of washouts or culverts, or any other work deemed necessary to render such way passable by firefighting equipment and rescue or other emergency vehicles. A capital reserve fund under RSA 35 or a trust fund under RSA 31:19-a may be established for this purpose.
II. No expenditures shall be made under paragraph I unless the selectmen, following a public hearing, declare the relevant class VI highway, private way, or portion thereof, as an emergency lane, and make written findings, recorded in the minutes of the meeting, that the public need for keeping such lane passable by emergency vehicles is supported by an identified public welfare or safety interest which surpasses or differs from any private benefits to landowners abutting such lane.
III. In the case of a private way, notice shall be mailed to all persons known to have a legal interest in the way, 10 days prior to the hearing, and the emergency lane shall not be declared if permission is denied by any person with a legal right to deny such permission. Neither the appearance nor non-appearance of such persons at the hearing shall prevent such permission from later being denied or withdrawn.
IV. A declaration under this section may be rescinded or disregarded at any time without notice. This section shall not be construed to create any duty or liability on the part of any municipality toward any person or property. Utilization of this section shall be at the sole and unfettered discretion of a town and its officials, and no landowner or any other person shall be entitled to damages by virtue of the creation of emergency lanes, or the failure to create them, or the maintenance of them, or the failure to maintain them, and no person shall be deemed to have any right to rely on such maintenance. This section shall not be deemed to alter the classification or legal status of any highway or private way, or to limit or restrict the authority of towns to regulate the use of class VI highways pursuant to such statutes as RSA 41:11, RSA 236:9-13, and RSA 674:41, or to authorize any person to pass over any private way when permission has been denied. This section shall not be deemed to alter the duties or powers of any party under RSA 227-L concerning forest fires.
Source.
1994, 80:1. 1995, 299:12, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:60 - Insufficiency of Taxes.

231:60 Insufficiency of Taxes. –
If the highway taxes in any town are insufficient for the suitable repair of highways and bridges therein the selectmen may cause them to be put in repair at the expense of the town.
Source.
RS 55:11. CS 59:11. GS 66:15. GL 72:15. PS 73:19. 1899, 29:9. PL 80:24. RL 96:24. 1945, 188:1, part 16:4. RSA 245:4. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:61 - Repair by Contract.

231:61 Repair by Contract. –
Towns may, by vote or bylaw, authorize their selectmen to contract for keeping their highways and bridges, or any part thereof, in repair for a term not exceeding 5 years.
Source.
1858, 2110. GS 66:25. GL 72:25. PS 73:7. PL 80:7. RL 96:7. 1945, 188:1, part 16:5. RSA 245:5. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:62 - Highway Agents.

231:62 Highway Agents. –
Unless the town votes to establish a board of public works commissioners under RSA 38-C to perform the duties of highway agents, at the annual meeting, or less often if a town has so provided pursuant to RSA 231:62-a or 231:62-b, each town shall elect by ballot, or by major vote authorize the selectmen to appoint, one or more highway agents, who, under the direction of the selectmen, shall have charge of the construction, maintenance, and repair of all town highways and bridges and the maintenance and repair of all sidewalks within the town, except as provided in the laws pertaining to state aid for highways and bridges and town road and bridge aid, and shall have authority to employ the necessary men and equipment, and purchase timber, planks, and other material for construction and repair of such highways and bridges; and they may remove gravel, rocks, or other materials from one part of the town to another, doing no damage to adjoining land, for the purpose of grading or otherwise repairing the same. A vote authorizing appointment of highway agents shall continue in effect until changed by major vote at an annual or special meeting.
Source.
1893, 29:3. 1895, 111:1. 1913, 14:1. 1915, 171:1. 1917, 49:1. 1923, 3:1. PL 80:9, 16. 1929, 126:1. 1931, 95:1. RL 96:9, 16. 1945, 188:1, part 16:6. RSA 245:6. 1981, 87:1. 1983, 164:1. 1996, 197:3, eff. Aug. 2, 1996.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:62-a - Terms of 2 or 3 Years.

231:62-a Terms of 2 or 3 Years. –
I. At any annual town meeting under an article in the warrant placed there by petition or by the selectmen, the voters may vote, by ballot, to determine if they are in favor of having a 2 or 3-year term for each town highway agent. If a majority of those voting on the question vote in favor of a longer term, at the next annual meeting after the vote of approval, the town shall choose, by ballot, or the selectmen shall appoint, one or more town agents for the designated term of years.
II. After a 2 or 3-year term for town highway agent has been established, at any annual town meeting held the year before the end of the 2 or 3-year term, under an article in the warrant placed there by petition or by the selectmen, the voters may vote, by ballot, to determine if they are in favor of continuing to have a 2 or 3-year term for each town highway agent. The voters may choose to return to a one-year term as provided in RSA 231:62 or to increase the term from 2 years to 3 years as provided in paragraph I or to reduce the term from 3 years to 2 years as provided in paragraph I.
Source.
1983, 164:2, eff. June 10, 1983.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:62-b - Large Towns.

231:62-b Large Towns. –
I. At any annual town meeting under an article in the warrant placed there by petition or by the selectmen, the voters may vote to determine if they are in favor of having a 2 or 3-year term for each highway agent. If the town has adopted an official ballot, the clerk shall cause the following question to be printed on said ballot: "Are you in favor of increasing the term of a town highway agent from one (2) year(s) to 2 (3) years, beginning with the term of each town highway agent who shall be elected at next year's regular town meeting or appointed by the selectmen elected at said meeting?" Said question shall be printed in the form prescribed by RSA 656:13. If the town has not adopted an official ballot, the clerk shall cause the same question to be printed upon special ballots which shall be used to determine the vote of the town. If a majority of those voting on the question vote in favor of a 2 or 3-year term at the next annual meeting after the vote of approval, the town shall elect or provide for the appointment of one or more highway agents for the longer term.
II. After a 2 or 3-year term for town highway agent has been established, at any annual town meeting held the year before the end of the 2 or 3-year term, under an article in the warrant placed there by petition or by the selectmen, the voters may vote to determine if they are in favor of continuing to have the longer term for each town highway agent. If the town has adopted an official ballot, the clerk shall cause the following question to be printed on said ballot: "Are you in favor of reducing the term of a town highway agent from 2 (3) years to 1 (2) year(s), beginning with the term of each town highway agent who shall be elected at next year's regular town meeting or appointed by the selectmen elected at said meeting?" Said question shall be printed in the form prescribed by RSA 656:13. If the town has not adopted an official ballot, the clerk shall cause the same question to be printed upon special ballots which shall be used to determine the vote of the town. If a majority of those voting on the question do not vote in favor of continuing the longer term, at the next annual town meeting, the voters shall elect or provide for the appointment of one or more highway agents under RSA 231:62 for shorter terms.
III. The provisions of this section shall apply to any town having a population of 4,500 inhabitants or over.
Source.
1983, 164:2, eff. June 10, 1983.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:63 - Additional Duties.

231:63 Additional Duties. –
Any town may vote to require a highway agent, in addition to his usual duties as highway agent, to have charge, under the direction of the selectmen, of the care and maintenance of any one or more of the following: collection of waste, refuse and garbage; care of public dumps; care of public parks and cemeteries; public beaches; public forests; public playgrounds; shade and ornamental trees.
Source.
1953, 161:1. RSA 245:7. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:64 - Expert Agent.

231:64 Expert Agent. –
The town may vote at the annual meeting to instruct its selectmen to appoint an expert highway agent, who, under the direction of the selectmen, shall have the same power and perform the same duties as a highway agent elected by the town.
Source.
1913, 14:1. 1915, 171:1. PL 80:10. RL 96:10. 1945, 188:1, part 16:7. RSA 245:8. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:65 - Oath; Bond; Supervision.

231:65 Oath;  Bond;  Supervision. –
Highway agents and expert highway agents shall be sworn to the faithful discharge of their duty, give bonds to the satisfaction of the selectmen for the faithful performance of the duties of the office, and be responsible to them for the expenditure of money and the discharge of their duties generally. The selectmen may supervise the methods and manner of performance of such agents. If any highway agent shall intentionally or deliberately refuse or neglect to comply with lawful instructions of the selectmen, or shall intentionally or deliberately refuse or neglect to carry out the duties prescribed by law for highway agents after written request by the selectmen, the selectmen may remove such agent from office. The selectmen shall file a copy of any such order of removal, under their hands, with the town clerk.
Source.
1893, 29:3. 1913, 14:1. 1915, 171:1. PL 80:11. RL 96:11. 1945, 188:1, part 16:8. 1947, 170:1. RSA 245:9. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:66 - Compensation; Statements.

231:66 Compensation;  Statements. –
The compensation of such agents shall be fixed by the town or selectmen, and they shall render to the selectmen weekly statements of their expenditures, and shall receive money from the treasurer only on the order of the selectmen.
Source.
1893, 29:3. 1913, 14:1. 1915, 171:1. 1917, 49:1. PL 80:12. RL 96:12. 1945, 188:1, part 16:9. RSA 245:10. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:67 - Temporary Absence.

231:67 Temporary Absence. –
In the event of a temporary absence or disability in the office of highway agent, the selectmen may appoint some competent person for the period of such disability or absence.
Source.
1893, 29:5. PL 80:13. RL 96:13. 1945, 188:1, part 16:10. RSA 245:11. 1979, 410:13. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:68 - Accounts.

231:68 Accounts. –
Highway agents shall keep accurate accounts, showing in detail all moneys received by them, from whom and when received and all moneys paid out by them, to whom and for what purpose. They shall settle their accounts before January 1 annually, and the same shall be printed in the annual town report in detail.
Source.
1893, 29:6; 70:1. PL 80:14. RL 96:14. 1945, 188:1, part 16:11. RSA 245:12. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:69 - Gravel May Be Taken.

231:69 Gravel May Be Taken. –
When there shall be occasion for soil, gravel or hardpan to repair the highways maintained by any town, and the same cannot be obtained by agreement with the owner thereof, a lot not exceeding
1/2 an acre may be taken by the selectmen, upon petition for that purpose, for the use of the town, in the same way and manner and with the same right of appeal to the landowner as in the case of land taken by selectmen for a highway.
Source.
GS 66:18. GL 72:18. PS 73:22. PL 80:27. RL 96:27. 1945, 188:1, part 16:13. RSA 245:14. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:70 - Obstruction During Repairs.

231:70 Obstruction During Repairs. –
In repairing highways no uncovered trench or ditch shall be made by the side of the traveled part thereof, next and opposite to a dwelling house, yard or private way leading into any field, land, or inclosure on the highway unless a way is provided over and across such trench or ditch; nor shall the highway be repaired in any other manner to obstruct the passage to such house, yard, or private way unless a way is provided over and across such obstruction.
Source.
RS 55:15. CS 59:16. GS 66:19. GL 72:19. PS 73:23. PL 80:28. 1927, 78:1. RL 96:28. 1945, 188:1, part 16:14. RSA 245:15. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:71 - Village Districts.

231:71 Village Districts. –
All village districts, and chartered highway districts, shall remain unimpaired, to the extent that they may raise additional sums to be expended solely on the highways within the district in the manner prescribed by the act creating them.
Source.
1893, 41:1. PL 80:17. RL 96:17. 1945, 188:1, part 16:15. RSA 245:16. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:72 - Contribution by County to Repairs.

231:72 Contribution by County to Repairs. –
The superior court, on petition and notice to the county commissioners, may order any part of the expense of repairing a highway to be paid by the county, when the whole would be burdensome to the town, or when the county convention has recommended such order.
Source.
RS 55:18. CS 59:19. GS 66:2. GL 72:2. PS 73:2. PL 80:4. RL 96:4. 1945, 188:1, part 16:16. RSA 245:17. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:73 - Procedure.

231:73 Procedure. –
The court may order such part of the expense to be paid to the town, or cause the highway to be put in repair in such manner as it thinks proper, and draw its order for such part upon the county treasurer.
Source.
RS 55:19. CS 59:20. GS 66:3. GL 72:3. PS 73:3. PL 80:5. RL 96:5. 1945, 188:1, part 16:17. RSA 245:18. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:74 - Contribution by Another Town.

231:74 Contribution by Another Town. –
When the expense of rebuilding or repairing a highway would be excessively burdensome to the town in which it is situate, and another town is greatly benefited by the highway, the superior court, upon petition and proceedings thereon as in the case of laying out a highway, may order a portion of the expense to be paid by such other town.
Source.
GS 66:4. GL 72:4. PS 73:4. PL 80:6. RL 96:6. 1945, 188:1, part 16:18. RSA 245:19. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:76 - Petition to Court; Remedy Exclusive.

231:76 Petition to Court;  Remedy Exclusive. –
I. If an owner is aggrieved by a decision of the selectmen under RSA 231:75, such owner may appeal to the superior court in accordance with the appeals of highway layout decisions, as set forth in RSA 231:34.
II. The question of the public need for the change of grade or drainage, and the reasonableness of the methods chosen shall be reviewed by the court only for an abuse of discretion, and there shall be no right to a jury trial on that question. The amount of damages, if any, shall be determined by jury, or by trial without jury if jury trial is waived.
III. So long as the notice provisions in RSA 231:75 have been followed, the remedy provided in this subdivision shall be the exclusive remedy to a landowner aggrieved by a change in grade or drainage made by a town in the repair of a town highway. This subdivision shall be deemed an exception to the otherwise-applicable limits on municipal liability arising from repair of public highways, as set forth in RSA 231:92.
Source.
1848, 725:3. CS 52:20. GS 66:21. GL 72:21. PS 73:25. PL 80:33. RL 96:33. 1945, 188:1, part 16:20. RSA 245:21. 1981, 87:1, eff. April 20, 1981. 2013, 16:3, eff. July 8, 2013.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:78 - Payment of Damages and Basis of Liability Defined.

231:78 Payment of Damages and Basis of Liability Defined. –
Damages assessed for change of grade under the provisions of this subdivision shall be paid by the town in which the change of grade is made; provided, however, that no highway shall be deemed to have been repaired by the authority of the town unless the town participated directly in the repair of the said highway other than financially, or unless the town in some manner exercised control over the manner in which the highway construction or maintenance was performed, or unless town employees, as defined in RSA 235:38, were employed in the said construction or maintenance work involved in the repair or construction of said highway.
Source.
1945, 188:1, part 16:22. RSA 245:23. 1955, 167:1. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:79 - Highways to Summer Cottages; Exemption.

231:79 Highways to Summer Cottages;  Exemption. –
Towns shall be exempt from keeping open and repairing highways to summer cottages from December 10 to April 10, subject to RSA 231:81, IV.
Source.
1893, 4:1. PL 80:34. RL 96:34. 1945, 188:1, part 16:23. RSA 245:24. 1981, 87:1, eff. April 20, 1981. 2019, 187:1, eff. Sept. 8, 2019.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:80 - Notice.

231:80 Notice. –
The selectmen shall seasonably post or cause to be posted at the entrances of such highways notices of the closing and opening thereof.
Source.
1893, 4:2. PL 80:35. RL 96:35. 1945, 188:1, part 16:24. RSA 245:25. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:81 - Keeping Open Highways to Summer Cottages.

231:81 Keeping Open Highways to Summer Cottages. –
I. For the purposes of RSA 231:79-81, a highway to summer cottages may be designated:
(a) By the selectmen, upon petition, pursuant to RSA 231:8-12, to lay out a new highway or alter an existing highway; or
(b) By a majority vote of the town to designate an existing class V highway as a highway to summer cottages.
II. A highway which has been designated a highway to summer cottages may be opened, maintained and repaired the entire year:
(a) By the selectmen, upon petition, pursuant to the procedures of RSA 231:8-12; or
(b) By majority vote of the town.
III. The designation of a highway to summer cottages shall not be deemed altered by any change of use of land served by said highway, in the absence of action pursuant to paragraph II.
IV. By a majority vote of the legislative body, a town may extend the exemption period in RSA 231:79 for all highways to summer cottages within the town, but in no event may the period begin earlier than November 15 or end later than April 30. The extended period shall remain in effect until amended or rescinded by majority vote of the legislative body.
Source.
1893, 4:3. PL 80:36. RL 96:36. 1945, 188:1, part 16:25. RSA 245:26. 1981, 87:1. 1989, 299:1, eff. July 28, 1989. 2019, 187:2, eff. Sept. 8, 2019.