§ 482:81 — Procedure When Use Unlawful

If, upon complaint of not less than 10 owners of property on any inland public water in the state, the department determines that a hearing is required, notice shall be provided to the owner of the outlet of such water. If personal service is impractical in the opinion of the department, notice may be by publication, and such other notice, by publication or otherwise, as the department may order. If after notice and a hearing, the department determines that the management and control of any such outlet or the connected instrumentalities is unlawful and contrary to the public interest, it shall report its findings to the attorney general. Upon receipt of such findings, the attorney general in the name of the state may institute appropriate proceedings in equity in the superior court, and the court shall make such orders as may be necessary to protect the rights of the parties.

Legislative History

1989, 339:1. 1996, 228:106, eff. July 1, 1996.