Title XX, Transportation

If in the case of any crossing it appears that the placing of such signs is impracticable or unnecessary, the department of transportation, on petition of the governmental authority responsible for maintaining the highway on which such crossing is situated, may release such gover…

A railroad shall not occupy a grade crossing over a highway by its engines and cars more than 5 minutes at one time without authority from the department of transportation.

I. The department of transportation, upon petition, notice and hearing, may fix the maximum time for the occupancy of a railroad on a grade crossing over a highway. The maximum time shall not exceed 9 minutes. II. The commissioner may adopt rules, pursuant to RSA 541-A, relative …

Any person who violates the provisions of any of the preceding sections, or of any order of the department of transportation made hereunder, shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person, unless otherwise specifically provided.

Whenever, after a hearing upon petition or upon its own motion, the department of transportation shall be of the opinion that the protection required by its order demands that the land adjacent to said crossing shall be cleared and kept clear of buildings, trees, brush or other o…

Whenever any railroad shall deem it necessary for the public safety, or to prevent the kindling and spread of fire from its locomotives, that the land at or near any highway or private crossing at grade, or upon the inside of any curve, be cleared and kept clear of buildings, tre…

Upon petition of a railroad, the selectmen of a town, or the mayor and council of a city, the department of transportation, after notice and hearing, may require a railroad (a) to separate the grades where a highway and railroad cross at grade or where a railroad crosses another …

Such petition shall set forth the title of the land involved, a description of the land, or of the rights and easements, and the purpose for which required, and proceedings shall thereafter be had as provided in RSA 245.

At any time after the filing of a petition under RSA 246:19, the petitioner may record in the registry of deeds for the county where the land lies a certified copy of said petition, and no sale, lease, or other transfer of said land made after such record shall affect the proceed…

Whenever, after hearing upon petition or upon its own motion, the department of transportation shall be of the opinion that the public safety requires the closing of any public or private crossing over a railroad, at grade or above or below such railroad, it shall order the same …

At any such hearing, the director of the division of motor vehicles and one representative chosen by the selectmen of each town directly served by such crossing shall be invited to sit and confer with the department of transportation in an advisory capacity in the determination o…

In the case of a private crossing, such order shall be served upon the railroad and the landowner affected, or his legal representative. In the case of public crossings, service shall be made upon the railroad, the clerk or clerks of the towns directly served by such crossing, an…

Any landowner, or his legal representative, entitled to damages by reason of the closing of any private crossing may file a petition with the department of transportation for the assessment of the same within 30 days from the date of such order, and not otherwise. The department …

Any party aggrieved by the assessment of the department of transportation may, within 60 days after the report of the department of transportation thereon and not afterwards, appeal to the superior court in the county where such crossing may be situated, and the court shall asses…

Nothing in this subdivision shall be construed as altering the method of discontinuing highways now provided for by law wherein a crossing may be discontinued incidental to the closing of a highway.

The department of transportation, upon petition of the selectmen or of 20 or more legal voters of a town, after notice and hearing, may order a railroad to establish such stopping places or depots in the town as it finds that the public good requires, within a time by it limited,…

A railroad shall forfeit $100 for each month's neglect to comply with such order, for the use of the town.

Any order issued under RSA 246:2 shall provide for the apportionment of the cost (1) between the railroads in interest if the crossing eliminated or improved is a railroad crossing or (2) between the railroad and the state if such crossing is located at the intersection of a rail…

Every railroad shall erect and maintain a sufficient fence upon each side of their road, except at the crossings of public highways; and, at every such crossing, they shall construct and maintain, upon each side of the highway, sufficient cattle guards or fences to prevent cattle…

If any railroad shall neglect to erect or maintain fences, as provided in RSA 246:30, the owner of adjoining land may give notice thereof to any agent of the railroad; and, if the fence is not erected or made sufficient within 20 days, such owner may build or repair it and recove…

If any person has agreed to repair or maintain such fence and neglects to do so, the railroad may rebuild the same and recover the expense of so doing of such person in an action on the case.

If the owner of land and a railroad are not agreed upon the place, number or kind of cattle guards, passes or crossings to be constructed for his accommodation, either party may apply to the department of transportation, which, after notice, hearing and examination, shall determi…

If the railroad does not construct such cattle guards, passes and crossings within the times limited by the department of transportation, and does not pay the costs adjudged to be paid by it, upon request, it shall be guilty of a violation for each month's neglect.

The department of transportation may require the railroad to raise any railroad bridge or any overhead highway bridge and, in the case of a highway bridge, to change the approaches thereto so as to make them as nearly level as practicable. Whenever it is necessary, in complying w…

Proceedings under this subdivision shall only be had after due notice to the railroad, the town or city and the landowners.

All orders and findings of the department of transportation shall be filed with the clerk of the town or city in which such bridge is located, and served upon the railroad.

Neglect by any railroad to comply with the orders of the department of transportation, within a reasonable time to be specified in such orders, shall be punished by a forfeiture of $50 a day, to be collected by the department of transportation, in the name and for the use of the …

No overhead bridge or other structure shall hereafter be constructed across a railroad track in this state with less than 22 feet between the top of the rails and the lowest point of the overhead structure, except with the written consent of the department of transportation, and …

No railroad hereafter constructed shall cross another railroad, a highway or other way, at grade, unless the consent in writing of the department of transportation is first obtained.

If a railroad shall neglect to comply with the requirements of RSA 246:4, the department of transportation may subsequently approve the crossing made by the railroad, or may order it to make such changes therein as the public good requires. If the railroad shall fail to comply wi…

No highway shall be laid out or constructed across a railroad at grade without the like consent of the department of transportation.

Whenever it shall appear, after notice and hearing held by the department of transportation upon its own motion or upon petition of any interested party, that an existing grade crossing is being used as a public highway and the adjacent approach or approaches thereto are maintain…

No railroad shall charge any municipality a fee for the privilege of constructing and laying water or sewer lines under existing railroad tracks, provided all construction and excavation costs shall be borne by the municipality. The municipality shall be obligated to rebuild the …

In the event that a new railroad or highway is located or laid across an existing railroad or highway, the cost of construction and maintenance shall be apportioned between the parties in interest in accordance with the principles set forth in RSA 246:3.

Either party shall have the right to appeal from the decision of the commissioner to the superior court.

The railroad may take and hold such land or rights in land as may be necessary to enable it to do such work as may be authorized or required by order of the department of transportation under this chapter by filing a location thereof, as provided for filing the location of a rail…