Bill Text - HB114 (2014)

Relative to abutter access over subdivided land.


Revision: March 27, 2014, midnight

HB 114 – AS AMENDED BY THE HOUSE

29Jan2014… 2382h

2013 SESSION

13-0067

03/10

HOUSE BILL 114

AN ACT relative to abutter access over subdivided land.

SPONSORS: Rep. J. Belanger, Hills 27

COMMITTEE: Municipal and County Government

AMENDED ANALYSIS

This bill requires a subdivider to deed a right of way to an abutting owner of property with no legal access to a public way.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

29Jan2014… 2382h

13-0067

03/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Thirteen

AN ACT relative to abutter access over subdivided land.

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

1 New Paragraph; Subdivision Regulations; Easement Required. Amend RSA 674:41 by inserting after paragraph IV the following new paragraph:

V. The planning board may require that an applicant deed a right of way to a property owner with no legal access to his or her property if the applicant’s subdivision would block the property owner’s access to a public way. The right of way shall be of the same or similar dimensions as had been in use by the property owner prior to subdivision, or meet the dimensional requirements for a driveway in the zoning ordinance, whichever is greater. The right of way shall be recorded on the subdivision plat at the registry of deeds and shall be considered ownership of land for access purposes.

2 Effective Date. This act shall take effect 60 days after its passage.