Bill Text: NH SB39 | 2019 | Regular Session | Amended


Bill Title: Relative to the repair of roads not maintained by a municipality.

Spectrum: Bipartisan Bill

Status: (Engrossed) 2019-05-15 - ==CONTINUED== Executive Session: 05/21/2019 10:15 am Legislative Office Building 201 [SB39 Detail]

Download: New_Hampshire-2019-SB39-Amended.html

SB 39 - AS AMENDED BY THE SENATE

 

02/14/2019   0201s

2019 SESSION

19-0962

05/06

 

SENATE BILL 39

 

AN ACT relative to the repair of roads not maintained by a municipality.

 

SPONSORS: Sen. Cavanaugh, Dist 16; Rep. Chirichiello, Rock. 6

 

COMMITTEE: Transportation

 

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ANALYSIS

 

This bill provides that, in the absence of an express agreement or requirement governing maintenance of a private road, each residential owner who enjoys a common benefit from the road shall contribute to the cost of its maintenance.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/14/2019   0201s 19-0962

05/06

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to the repair of roads not maintained by a municipality.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  New Subdivision; Repair of Roads Not Maintained by a Municipality.  Amend RSA 231 by inserting after section 81 the following new subdivision:

Repair of Roads Not Maintained by a Municipality

231:81-a  Repair of Roads Not Maintained by a Municipality.

I.  In the absence of an express agreement or requirement governing maintenance of a private road, when more than one residential owner enjoys a common benefit from a private road, each residential owner shall contribute rateably to the reasonable cost of maintaining the private road, and shall have the right to bring a civil action to enforce the requirement of this paragraph.  This paragraph shall not apply to any highway defined in RSA 229:5.

II.  Any owner of a residential property abutting a private road who directly or indirectly damages any portion such road shall be solely responsible for repairing or restoring the portion damaged by such owner.

2  Effective Date.  This act shall take effect upon its passage.

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