§ 228:35 — Reestablishment of Highway Boundaries

New Hampshire § 228:35

• Jurisdiction: New Hampshire
• Title XX: TRANSPORTATION
• Ch. 228: ADMINISTRATION OF TRANSPORTATION LAWS
• Subdivision: Commissioner, Deputy and Assistant Commissioners

Text

Whenever in the opinion of the commissioner the boundary lines, limits, or location of any class I or class II highway, or any part thereof, shall have become lost, uncertain, or doubtful, he may reestablish the same as, in his opinion, they were originally established. He shall give in hand to, or send by registered mail to the last known address of, all persons claiming ownership of or interest in the land adjoining such reestablished highway and to the owners of property within the limits thereof, and file with the town clerk of the town in which the highway is located, and with the secretary of state, maps showing the boundary lines, limits, or location of such reestablished highway and such lines, boundaries, limits and location as reestablished shall be the lines, boundaries, limits and location of such highway. Any person aggrieved by the reestablishment of such lines, boundaries, limits and location may petition for the assessment of damages to the superior court in the county where the reestablished highway is located within 60 days from the date of filing of such maps with the secretary of state, and not thereafter, and the court shall assess the damages, if any, by jury, provided such reestablished lines, boundaries, limits or location are not the same as originally established. The commissioner shall pay from the funds of his department all expenses incurred hereunder and the amount of final judgment and costs.

Legislative History

1939, 151:1. RL 99:8. 1945, 188:1, part 10:16. RSA 229:12. 1981, 87:1, eff. April 20, 1981.