§ 231:182 — Temporary Removal

Whenever it shall be necessary for any lawful purpose temporarily to displace, remove, or sever any wire, pole, or structure lawfully maintained in any highway and the proprietor thereof shall neglect or refuse to take such action within 24 hours after request therefor, the person desiring such action may apply to the selectmen for an order requiring such action to be taken by such proprietor. Thereupon the selectmen shall appoint a hearing to be held within 6 days after such petition has been presented to them and shall give such proprietor at least 3 days' notice thereof. After hearing, the selectmen may by order require the proprietor to take the action requested, if in their judgment said action is reasonably necessary, and fix the time within which it shall be completed and specify whether the petitioner shall pay all or any part of the expense thereof; and it shall be the duty of such proprietor to comply with such order within the time stated therein and he shall thereupon be entitled to reimbursement from the petitioner in accordance with said order, within 6 days after demand therefor by the proprietor stating the amount. Such proprietor shall be entitled to recover from the petitioner in an action of debt the petitioner's part of the expense determined in said order. In case such proprietor shall fail to comply with such order, he shall forfeit to the petitioner a sum equivalent to $10 for each day while such default continues.

Legislative History

1870, 10:1. GL 80:3. PS 81:14. PL 97:13. 1935, 100:1. RL 113:19. 1945, 188:1, part 24:23. RSA 254:24. 1981, 87:1, eff. April 20, 1981.