SB 519 - FINAL VERSION
SENATE BILL 519
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
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
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.
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.
Approved: May 30, 2018
Effective Date: July 29, 2018
|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|
|Feb. 6, 2018||Senate||Hearing|
|Feb. 22, 2018||Senate||Floor Vote|
|March 28, 2018||House||Hearing|
|April 10, 2018||House||Exec Session|
|April 19, 2018||House||Floor Vote|