New Hampshire § 230:13 Occasion for Layout by Governor and Council;  Layout

New Hampshire Statutes

§ 230:13 — Occasion for Layout by Governor and Council; Layout

New Hampshire·Title XX TRANSPORTATION·Ch. 230 STATE HIGHWAYS·Subdivision Layout of State Highways

I.The governor, with advice of the council, may determine upon hearing whether there is occasion for the laying out or alteration of a class I or class II highway or a highway within the state included in the national system of interstate highways as proposed by the commissioner of transportation, and, if so, the commissioner may purchase land or other property that is reasonably necessary for the construction, reconstruction, or alteration and who shall lay out the remainder of such highway or alteration. Any such land or property which cannot be acquired by agreement with the owner or owners thereof may be acquired in accordance with RSA 498-A and all issues that are appealed relating to necessity, public use, and net public benefit shall be determined in accordance with RSA 230:19. Pro

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I. The governor, with advice of the council, may determine upon hearing whether there is occasion for the laying out or alteration of a class I or class II highway or a highway within the state included in the national system of interstate highways as proposed by the commissioner of transportation, and, if so, the commissioner may purchase land or other property that is reasonably necessary for the construction, reconstruction, or alteration and who shall lay out the remainder of such highway or alteration. Any such land or property which cannot be acquired by agreement with the owner or owners thereof may be acquired in accordance with RSA 498-A and all issues that are appealed relating to necessity, public use, and net public benefit shall be determined in accordance with RSA 230:19. Property rights acquired under the provisions of this section shall be in fee simple or in the form of easements, including property acquired by condemnation proceedings.
II. The commissioner may acquire private or public property and property rights as he or she determines reasonably necessary to:
(a) Lay out and establish, construct, improve, or maintain, provide a change of alignment of, or provide drainage for class I or class II highways.
(b) Construct, improve, and maintain transportation projects as directed by law and provide mitigation for existing or potential effects of transportation projects on environmental and historical resources.
(c) Provide rest areas, parking strips, and roadside and landscape development for the preservation and development of natural scenic beauty.
(d) Provide for the health, safety, and welfare of the public using a class I or class II highway.
(e) Secure materials, with necessary ways and access, for the construction, improvement, and maintenance of class I or class II highways.
(f) Erect administrative, storage, and operational buildings.

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Legislative History

1945, 188:1, part 4:1. 1950, 5:1, part 9:1, par. 3. RSA 233:1. 1981, 87:1. 1983, 297:7. 1985, 402:6, I(b)(2). 1992, 150:3. 1998, 74:1. 2006, 324:22, eff. Jan. 1, 2007. 2017, 156:120, eff. July 1, 2017. 2018, 155:2, eff. July 29, 2018. 2019, 275:2, eff. Sept. 17, 2019.