SB 401 - AS AMENDED BY THE SENATE
03/08/2018 0810s
2018 SESSION
18-2772
06/04
SENATE BILL 401
AN ACT relative to repair of roads not maintained by a municipality.
SPONSORS: Sen. Woodburn, Dist 1; Rep. Chirichiello, Rock. 6
COMMITTEE: Transportation
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ANALYSIS
This bill requires an owner of land that abuts a road that is not maintained by a municipality to repair and maintain his or her share of such road.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/08/2018 0810s 18-2772
06/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
AN ACT relative to 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 89 the following new subdivision:
Repair of Roads Not Maintained by a Municipality
231:89-a Repair of Roads Not Maintained by a Municipality.
I. The owner of any residential property that abuts a road which is not maintained by a municipality or the state, the purpose of which is to provide access to such property, shall be responsible for the cost of maintaining the road in good repair and for the cost of repairing or restoring any damaged portion of the road.
II. 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 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.
III. 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.
IV. If any owner of a residential property abutting a private road refuses to repair or restore a damaged portion of such road under paragraph III, or fails, after a demand in writing, to pay his or her proportion of the cost of maintaining, repairing, or restoring such road under paragraph II, an action for specific performance or contribution may be brought in superior court against such owner by other owners of residential property abutting the private road, either jointly or severally.
V. In the event of any conflict between the provisions of this section and an agreement under paragraph II, the terms of the agreement shall control.
2 Effective Date. This act shall take effect upon its passage.