§ 231:48 — Appeal From Discontinuance; Damages

Any person or other town aggrieved by the vote of a town to discontinue any highway, or discontinue any highway as an open highway and made subject to gates and bars, may appeal therefrom to the superior court for the county in which such highway is situate by petition within 6 months after the town has voted such discontinuance and not thereafter. Whenever any such petition is filed in the superior court the clerk shall issue a summons, with a copy of the petition, to be served by the date specified by the court on the summons, and the petitioner shall cause a certified copy of the same to be given to or left at the places of abode of one of the selectmen and the town clerk of each town in which the highway proposed to be discontinued is located, and give notice to the owners of land abutting on such highway in the same manner as required of selectmen in laying out highways, by the service date specified on the summons, and such other notice as the court shall order. Any person or town so notified may become a party to the proceedings by entering an appearance in such proceedings with the clerk of the superior court; and no person or town so notified shall after being so notified institute any additional appeal from the vote to discontinue such highway. Except as above provided, like proceedings shall be had on such petition as in the case of appeals in the laying out of class IV, V and VI highways, and if the county commissioners report for such discontinuance they shall assess the damages sustained by any person within the town in which the highway has been discontinued.

Legislative History

GS 65:3. GL 71:3. PS 72:3. 1903, 14:2. PL 79:3. RL 95:3. 1945, 188:1, part 9:4. RSA 238:4. 1981, 87:1, eff. April 20, 1981. 2014, 204:10, eff. July 11, 2014.