Bill Details - SB519 (2018)

CHAPTER 155

SB 519 - FINAL VERSION

 

02/22/2018   0625s

2018 SESSION

18-2858

06/10

 

SENATE BILL 519

 

AN ACT relative to the purchase of property for the construction of roads.

 

SPONSORS: Sen. Watters, Dist 4; Sen. Birdsell, Dist 19; Sen. Gannon, Dist 23; Sen. Cavanaugh, Dist 16; Rep. Cloutier, Sull. 10; Rep. J. Graham, Hills. 7

 

COMMITTEE: Transportation

 

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AMENDED ANALYSIS

 

This bill permits the commissioner of transportation to purchase land if the governor or a commission determines that there is occasion for the laying out of a highway.

 

This bill is a request of the department of transportation.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/22/2018   0625s 18-2858

06/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to the purchase of property for the construction of roads.

 

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

 

155:1  Layout of State Highway by Commission.  Amend RSA 230:14 to read as follows:

230:14  Layout by Commission.

I.  The governor, with advice of the council, may appoint a commission of 3 persons who, upon hearing, shall determine whether there is occasion for the laying out or alteration of a class I or class II highway or a highway within the state included in the national system of interstate highways as proposed by the commissioner of transportation [and if so, the commission].  If such a determination is  made by the commission, the commissioner may purchase land or other property that is reasonably necessary for the construction, reconstruction, or alteration and shall lay out the remainder of such highway or alteration.  Any such land or property which cannot be acquired by agreement with the owner or owners thereof may be acquired in accordance with RSA 498-A and all issues that are appealed relating to necessity, public use, and net public benefit shall be determined in accordance with RSA 230:19.  Property rights acquired under the provisions of this section shall be in fee simple or in the form of easements, including property acquired by condemnation proceedings.

II.  The [commission] commissioner may acquire such property as [it] he or she determines necessary to:

(a)  Lay out and establish, construct, improve, or maintain, provide a change of alignment of, or provide drainage for class I or class II highways.

(b)  Construct, improve, and maintain transportation projects as directed by law and provide mitigation for existing or potential environmental effects of transportation projects.

(c)  Provide rest areas, parking strips, and roadside and landscape development for the preservation and development of natural scenic beauty.

(d)  Provide for the health, safety, and welfare of the public using a class I or class II highway.

(e)  Secure materials, with necessary ways and access, for the construction, improvement, and maintenance of class I or class II highways.

(f)  Erect administrative, storage, and operational buildings.

155:2  Layout of State Highways.  Amend the introductory paragraph of RSA 230:13, II to read as follows:

II.  The [commission] commissioner may acquire [such] private or public property and property rights as [it] he or she determines reasonably necessary to:

155:3  Limited Access Highways; Occasion for Layout.  Amend RSA 230:45 to read as follows:

230:45  Occasion for Layout; Layout.  The governor, with the advice of the council, on the governor's own motion or a special committee of 3 persons appointed by the governor and council for the purpose, may determine, upon hearing, whether there is occasion for the laying out or alteration of a limited access facility including service roads as proposed by the commissioner of transportation; and, if so, the commissioner may purchase land or other property as proposed and shall lay out the remainder of such facility, service roads, or alteration thereof.  The [commission appointed by the governor and council to lay out any limited access facility] commissioner may acquire private or public property and property rights for such facility and service roads, including rights of access, air, view, and light, by gift, devise, purchase, or condemnation in the same manner as provided for acquiring property for class I highways.  Property rights acquired under the provisions of this section may be in fee simple or in the form of easements, including property acquired by condemnation proceedings.  The commissioner, in his or her discretion, may acquire an entire lot, block, or tract of land if, by so doing, the interests of the public will be best served even though the entire lot, block, or tract is not immediately needed for the right-of-way proper.  The commissioner of transportation, with the approval of the governor and council, may sell, convey, transfer, or lease any surplus property, real or personal, at public or private sale.

155:4  Effective Date.  This act shall take effect 60 days after its passage.

 

Approved: May 30, 2018

Effective Date: July 29, 2018

Docket

Date Status
Jan. 3, 2018 To Be Introduced 01/03/2018 and Referred to Transportation; SJ 1
Feb. 6, 2018 Hearing: 02/06/2018, Room 103, LOB, 01:45 pm; SC 6
Feb. 22, 2018 Committee Report: Ought to Pass with Amendment # 2018-0625s, 02/22/2018; Vote 5-0; CC; SC 8
Feb. 22, 2018 Committee Amendment # 2018-0625s, AA, VV; 02/22/2018; SJ 5
Feb. 22, 2018 Ought to Pass with Amendment 2018-0625s, MA, VV; OT3rdg; 02/22/2018; SJ 5
March 7, 2018 Introduced 03/07/2018 and referred to Public Works and Highways HJ 7 P. 52
March 28, 2018 Public Hearing: 03/28/2018 01:00 PM LOB 201
April 10, 2018 Full Committee Work Session: 04/10/2018 01:20 PM LOB 201
April 10, 2018 Executive Session: 04/10/2018 LOB 201
Committee Report: Ought to Pass (Vote 18-0; CC)
April 19, 2018 Committee Report: Ought to Pass for 04/19/2018 (Vote 18-0; CC) HC 15 P. 9
April 19, 2018 Ought to Pass: MA VV 04/19/2018 HJ 13 P. 12
April 26, 2018 Enrolled 04/26/2018
April 26, 2018 Enrolled (In recess 04/26/2018); SJ 15
May 30, 2018 Signed by the Governor on 05/30/2018; Chapter 0155; Effective 07/29/2018

Action Dates

Date Body Type
Feb. 6, 2018 Senate Hearing
Feb. 22, 2018 Senate Floor Vote
March 28, 2018 House Hearing
April 10, 2018 House Exec Session
House Floor Vote
April 19, 2018 House Floor Vote

Bill Text Revisions

SB519 Revision: 2752 Date: Dec. 20, 2017, 12:04 p.m.
SB519 Revision: 3116 Date: Feb. 22, 2018, 5:26 p.m.
SB519 Revision: 3553 Date: April 20, 2018, 10:32 a.m.
SB519 Revision: 4064 Date: June 4, 2018, 10:17 a.m.