Title XX, Transportation

Selectmen of a town, upon petition, may lay out any new class IV highway not financed in whole or in part with federal aid highway funds, and class V or VI highway or alter any such existing highway within their town for which there shall be occasion.

The selectmen shall seasonably post or cause to be posted at the entrances of such highways notices of the closing and opening thereof.

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 highw…

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 …

Unless the selectmen are clearly of opinion that such petition ought not to be granted they shall cause notice in writing of the time and place of hearing appointed by them to be given at least 30 days previous to hearing to the first petitioner and to each owner of land over whi…

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, a…

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 in…

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 insuf…

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,…

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 municipal…

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…

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,…

If a proposed highway may pass over lands not in any town the court shall order notice to be given to the owner thereof, if known and residing in the state, by giving to him or leaving at his abode a like copy; and if he or his residence is not known, or is uncertain, or if his r…

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 it passes over land not in any town; and II. When it passes over lands in 2 or more towns, one of which is in the county.

The commissioners may admit or reject any evidence offered; and there shall be no appeal from their findings on the matter of occasion for the laying out of the highway or alteration thereof in the absence of fraud or gross mistake.

In their report the commissioners shall certify the names of the several owners of land and other property taken for the highway, and to whom and in what manner notice was given of the hearing.

The commissioners shall insert in their report a particular description of the new highway laid out, and its width, or of the alterations made in an existing highway, and their estimate of the expense of making the same in each town separately, and they may prescribe the grade, c…

The commissioners shall assess the damages sustained by the owners of land or other property, as required of selectmen, and insert the same in their report, stating the damages in each town separately.

The commissioners shall file their report in court and thereupon the court shall set a date for hearing, and the commissioners shall cause notice thereof, together with a copy of the report by them certified, to be given to the clerk of each town at least 14 days before the date …

When a petition for laying out a highway is referred to the commissioners, any town in which the highway may be may present their petition to the commissioners, setting forth that the expense of the proposed highway would be excessively burdensome to them, and that another town n…

The commissioners shall give to such other town notice of the time and place of hearing upon the original petition, and of the substance of the petition relative to the expense, at least 14 days before the hearing, and shall hear such other town, if it appears, upon the question …

If the commissioners decide to lay out the highway they may in their report apportion and assign such part of the damages assessed and of the expense of laying out and making the highway, including bridges thereon, and of the cost of their future repair and maintenance, as they t…

Upon motion of any town interested in a petition for a highway, referred to the commissioners, they may apportion the damages assessed and the expense of laying out and making the highway among the several towns in which it may be, in such sum or shares to each as they may think …

When a highway is laid out across a stream or body of water constituting the boundary between 2 towns the commissioners shall determine the line across the highway to which each town shall construct it, and describe the same in some definite manner, so that it may be readily asce…

If no sufficient objection is made all such petitions filed in the superior court shall be referred to the county commissioners, and where the proposed highway may pass over lands in 2 or more counties the petition shall be referred to the commissioners for all such counties who …

When the report of the commissioners is returned into court any party whose interest is affected thereby may appear and be heard in relation to it; and it may be recommitted or accepted and judgment be rendered thereon, establishing the highway, alterations, contributions, apport…

No land or other property taken for a highway or alteration laid out by the county commissioners shall be appropriated or used for making the same until judgment is entered on the report that the highway or alteration is legally laid out and established, and the damages awarded h…

If any person to whom damages are awarded, or party against whom damages are assessed by the commissioners is dissatisfied with the same, such person or party may appear at court, when their report is returned, and object thereto in writing, and then the court shall assess the da…

Any mistake in a name, sum, number, monument or the like, in the report of the commissioners, may be corrected by the court, or by the commissioners by leave of court, without recommitment of the report.

Executions may be issued for damages and costs awarded, in all cases on petitions relating to highways, as upon other judgments.

When the highway is laid out over land in 2 or more counties the commissioners shall cause to be recorded a certified copy of their final report and the decree of the court thereon with the clerk of the superior court for each county.

In all proceedings before county commissioners relating to highways they may adjust and apportion the costs of the proceedings between the parties in such manner as they deem just.

The fees to be paid to the commissioners for their services on petitions relating to highways shall be paid by the county upon approval by the court, and shall be $5 a day for the time necessarily occupied in attending hearings, and in making examinations and reports, and $.08 a …

Damages for land or other property taken for a highway, except in cases otherwise provided for, shall be paid by the town in which that part of the highway is for which the land or other property is taken, subject to such apportionment thereof among the towns in which the highway…

In cases where execution may not be issued by the superior court for damages on account of a highway, the person entitled thereto may recover the same, with interest, by action of debt, if not paid in 30 days after demand.

If any commissioner is interested in the petition the commissioner shall not serve; and the vacancy shall be filled, upon motion or petition, by any judge of the superior court.

No action for damages in laying out or altering a highway shall be brought after it has been discontinued unless brought within 6 months thereafter; and only the actual damage shall be recovered.

The costs of laying out or altering a highway in a town shall be paid by the town; and in 2 or more towns, by the towns in accordance with the apportionment thereof made by the selectmen or commissioners who laid out or altered the same; and over land not in any town, by the coun…

If the payment of the damages and the costs of laying out or altering and making the highway would be burdensome to any town the superior court, on petition, notice to the county commissioners, and hearing of all interested, may order a part, not exceeding 1/2 the amount thereof,…

The commissioners in office when a petition is referred to them shall continue to act as such in regard to the petition until all the business thereof is completed, unless the court otherwise orders.

Highways not in any town or place liable for the repair of highways shall be made and repaired by the county; and every county shall be liable, as towns, to individuals and to the public, for neglect therein.

The owners of lands lying in a body, surrounded in whole or in part by towns or places liable to repair highways therein, shall pay to the county, the expenses of making and repairing the highways within such lands, except such part thereof as the county is ordered to pay under t…

Upon petition of any persons interested, notice to the county commissioners and a hearing thereon, the superior court may order such part of the expense of making and repairing highways through such land as may seem just to be paid by the county; and may, upon like proceedings, m…

The county commissioners shall give notice, by publication, to the landowners so liable, describing the land by its boundaries on towns and places liable to repair highways, of the amount so expended and chargeable to the owners, requiring them to pay the same to the county treas…

If the sum is not so paid the commissioners shall issue their extent therefor, directed to the sheriff or his deputy, requiring him to levy upon, advertise and sell so much of the land as may be necessary to pay the sum, with interest and the costs of levy and sale.

The officer shall levy such extent, advertise the sale by publication and sell so much of the land by auction as may be necessary, in the manner lands are required to be sold for nonresident taxes.