New Hampshire § 231:76 Petition to Court;  Remedy Exclusive

New Hampshire Statutes

§ 231:76 — Petition to Court; Remedy Exclusive

New Hampshire § 231:76

Title XXTRANSPORTATION

Ch. 231CITIES, TOWNS AND VILLAGE DISTRICT HIGHWAYS

SubdivisionRepair of Highways by Towns

This text of New Hampshire § 231:76 (Petition to Court; Remedy Exclusive) is published on Counsel Stack Legal Research, covering New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.H. Rev. Stat. Ann. § 231:76 (2026).

Text

I.If an owner is aggrieved by a decision of the selectmen under RSA 231:75, such owner may appeal to the superior court in accordance with the appeals of highway layout decisions, as set forth in RSA 231:34.

II.The question of the public need for the change of grade or drainage, and the reasonableness of the methods chosen shall be reviewed by the court only for an abuse of discretion, and there shall be no right to a jury trial on that question. The amount of damages, if any, shall be determined by jury, or by trial without jury if jury trial is waived.

III.So long as the notice provisions in RSA 231:75 have been followed, the remedy provided in this subdivision shall be the exclusive remedy to a landowner aggrieved by a change in grade or drainage made by a town in the repair of a tow

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I. If an owner is aggrieved by a decision of the selectmen under RSA 231:75, such owner may appeal to the superior court in accordance with the appeals of highway layout decisions, as set forth in RSA 231:34.
II. The question of the public need for the change of grade or drainage, and the reasonableness of the methods chosen shall be reviewed by the court only for an abuse of discretion, and there shall be no right to a jury trial on that question. The amount of damages, if any, shall be determined by jury, or by trial without jury if jury trial is waived.
III. So long as the notice provisions in RSA 231:75 have been followed, the remedy provided in this subdivision shall be the exclusive remedy to a landowner aggrieved by a change in grade or drainage made by a town in the repair of a town highway. This subdivision shall be deemed an exception to the otherwise-applicable limits on municipal liability arising from repair of public highways, as set forth in RSA 231:92.

Legislative History

1848, 725:3. CS 52:20. GS 66:21. GL 72:21. PS 73:25. PL 80:33. RL 96:33. 1945, 188:1, part 16:20. RSA 245:21. 1981, 87:1, eff. April 20, 1981. 2013, 16:3, eff. July 8, 2013.