§ 231:22 — Previously Discontinued Highway

Notwithstanding any other provisions of this chapter to the contrary, any owner who has no access to his land by public highway may petition the selectmen to layout, subject to gates and bars, a highway located where any previously discontinued highway was located. Upon receipt of such a petition, the selectmen shall immediately post notice thereof in 2 public places in the town in which the land is situated and shall mail like notices to the owners of the land over which such highway may pass, postage prepaid, at their last known mail addresses. Unless written objection to such layout is filed with the selectmen within 60 days after the posting and mailing of such notice, the highway shall be laid out, subject to gates and bars, in the location in which it previously existed if the selectmen find that the petitioner in fact has no other access to his land by public highway. The selectmen shall assess the damages sustained by each owner of land or other property taken for such highway, which damages shall be paid by the petitioner. They shall take and cause to be recorded by the town clerk a return as required by RSA 231:16. The petitioner and all those succeeding him in title shall be required to maintain the gates and bars and to maintain the highway so laid out at their own expense. In the event written objection to such layout is filed with the selectmen prior to the expiration of said 60-day period, the petition shall be deemed to be a petition filed for the layout of a new class IV, V or VI highway in accordance with RSA 231:8, and all the provisions of this chapter shall be applicable thereto.

Legislative History

RSA 234:18-a. 1963, 274:1. 1981, 87:1, eff. April 20, 1981.