Title XX, Transportation

Whenever the department of transportation, after a hearing had upon its own motion or upon complaint, shall find that application has been made to a railroad for a connection or spur as provided herein, and that the railroad has refused to provide the same upon reasonable terms, …

Whenever any such connection or spur has been so provided, any corporation or person shall be entitled to connect with the track, tracks or railroad thereby connected with the railroad of the railroad company and to use the same, or to use the spur so provided, upon payment to th…

The department of transportation shall likewise have the power to require one railroad to switch to private spurs and industrial tracks upon its own railroad the cars of a connecting railroad and to prescribe the terms and compensation for such service.

Any railroad may, upon petition to the department of transportation, jointly use any of the facilities of an existing railroad when the department of transportation finds the joint use to be for the public good. The commissioner of transportation may adopt rules, pursuant to RSA …

The department of transportation shall, upon notice to all parties in interest, hear and determine whether the right prayed for is for the public good and the compensation to be paid therefor, and shall render judgment accordingly. Notice published at least 14 days prior to said …

Any party aggrieved by the order of the department of transportation awarding damages in such case may within 60 days after the entry of its order, and not afterward, file in the superior court of any county in which are located any of the lines, tracks, rights of way, stations, …

In such proceedings, the department of transportation shall charge and collect fees as follows: for the entry of each petition, $25; for the making of each order of notice for service upon parties in interest, $5; for each notice by publication, the actual cost thereof; and for t…

The commissioner may adopt rules, pursuant to RSA 541-A, relative to the division of joint rates, fares, charges, and classifications between railroads engaging in joint services whenever the division shall not be made by agreement. Any division agreed upon shall be subject to re…

In establishing such through route, the department of transportation shall not require any railroad without its consent to embrace in such route substantially less than the entire length of its railroad and of any intermediate railroad operated in conjunction, and under a common …

No railroad shall be required to allow the use of any motive power, other than its own, upon its railroad.

Whenever joint service has been established by 2 or more railroads, the department shall have authority to prevent any unjust or unreasonable termination of the same or to order the reestablishment of such service if so terminated.

Whenever, after hearing and investigation, the department shall find any joint rate, fare, charge or price demanded and collected for any existing joint service participated in by 2 or more railroads to be unjust, unreasonable or discriminatory, it shall fix the same upon a just,…

If the railroads affected thereby shall fail to agree upon the division or apportionment thereof, the department may prescribe the division of such joint rates, fares, charges and classifications between such railroads and may revise any division agreed upon which shall be found …

Every railroad, upon the application of any shipper or receiver, or contemplated shipper or receiver of freight, for a switch connection between the railroad and any existing or contemplated track, tracks or railroad of such applicant shall make such connection and provide such s…

Under the conditions specified in RSA 248:8, every railroad, upon the application of any shipper or receiver or contemplated shipper or receiver of freight, shall construct upon its right of way a spur or spurs for the purpose of receiving and delivering freight thereby, and shal…

Every railroad shall be liable for all damages to any person or property by fire or steam from any locomotive or other engine upon their road.

They shall, through the railroad deputies or other officials, organize and maintain a system of patrol during dry weather along the sections of the right of way where there is danger of fire.

The fact that a section of the right of way was not patrolled shall not be evidence of negligence to debar such railroad from insurance on property as provided in RSA 249:3.

Railroads shall have the right, subject to the provisions hereof, to enter upon forest or brush land adjacent to the right of way without liability for trespass for the purpose of clearing brush, grass and inflammable material from such land for a distance of 25 feet from the rai…

Prior to making such a clearing, the railroad shall give the owner thereof notice of its intention by letter mailed to his last known address, and thereafter by publishing said notice at least once in 2 newspapers of general circulation in the county. Said notice shall quote RSA …

If the owner shall not file an objection to such clearing with the department of transportation within 15 days from the date of such publication, he shall be deemed to have given consent.

Upon the filing of such an objection, the department of transportation shall notify the owner of the time and place when he may appear to show cause why such clearing should not be done.

After a hearing, the department of transportation may sustain the objection or permit the clearing to be done, and may prescribe the extent and methods of such clearing.

The department of transportation may require the assistance of the department of natural and cultural resources and the director of the division of forests and lands in furnishing information pertinent to carrying out RSA 249:16.

The department of natural and cultural resources or its authorized agents shall have the right to enter upon railroad or other property to ascertain facts, and from time to time shall report the same to the department of transportation.

Such railroads shall have an insurable interest in all property situate upon the line of their road which is exposed to such damage, and they may effect insurance thereon for their own benefit.

Such railroads shall be entitled to the benefit of any insurance effected upon such property by the owner thereof, less the cost of premium and of expense of recovery. The insurance shall be deducted from the damages if recovered before the damages are assessed, or, if not, the p…

I. Every railroad operating steam locomotives in this state shall, subject to the approval of the department of transportation, equip each steam locomotive with a spark arrester in good condition and a suitable ashpan. II. Every railroad operating locomotives powered by diesel or…

The state forester may appoint as deputy forest fire wardens the section foremen or such other railroad employees as the authorized officials of the railroad may recommend. Such deputies, when so appointed, shall be vested with the powers and duties of deputy forest fire wardens,…

Railroad deputies thus appointed shall extinguish and supervise the fighting of forest and brush fires originating along the railroad right of way, but shall not be required to supervise the fighting of fires which do not so originate, except that a railroad deputy who receives n…

The department of natural and cultural resources shall instruct all wardens and other employees of the department to cooperate with the railroad deputies in the prevention and extinguishment of railroad fires, immediately to notify the nearest station agent or railroad deputy upo…

All just and proper expenses incurred in extinguishing forest or brush fires caused by a railroad shall be paid by such railroad; but the fact that such payment has been made shall not be admissible as evidence that such fire was so caused.

Railroads shall promulgate among their employees instructions for the prevention and extinguishment of fires along the right of way.

With the consent of the department of transportation, and upon such terms as it may approve, railroads and bus lines may hold or acquire, by lease or purchase, suitable lands, and convert and maintain the same, as a part of their system, into parks and pleasure grounds for the ac…

Such lands may be properly enclosed and suitable buildings and structures may be erected and maintained thereon for the convenience, entertainment and comfort of the public.

Every railroad and bus line maintaining a park or place or resort may charge a reasonable fee for admission thereto and shall prescribe suitable rules and regulations for the conduct and government thereof, which, when approved by the department of transportation in writing, and …

Whoever shall violate any of the rules and regulations established for the government of any park or place of resort which has been established in accordance with the provisions of RSA 250 shall be guilty of a misdemeanor.