CHAPTER 308
SB 39 - FINAL VERSION
02/14/2019 0201s
6Jun2019... 2161h
06/27/2019 2632EBA
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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
6Jun2019... 2161h
06/27/2019 2632EBA 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:
308:1 Statement of Purpose. The purpose of this act is to codify the common law of easements, as stated in the New Hampshire supreme court decision in Village Green Condominium Assn. v. Hodges, 167 N.H. 497 (2015), as it applies to residences on private roads, in order to facilitate the transactions of owners and buyers who apply for certain federally-backed mortgages that require such a statute in the absence of an agreement among the owners. It is not intended to extend or restrict the common law as applied to residences on private roads, nor to affect the rights and obligations of non-residential owners on private roads.
308:2 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 equitably 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 of such road shall be solely responsible for repairing or restoring the portion
damaged by such owner.
III. Nothing in this section is intended to extend or restrict the common law as applied to residences on private roads, nor to affect the rights and obligations of non-residential property owners on private roads as they exist under the New Hampshire common law on easements.
308:3 Effective Date. This act shall take effect upon its passage.
Approved: August 02, 2019
Effective Date: August 02, 2019
| Date | Body | Type |
|---|---|---|
| Jan. 22, 2019 | Senate | Hearing |
| Feb. 7, 2019 | Senate | Floor Vote |
| Feb. 7, 2019 | Senate | Floor Vote |
| Feb. 14, 2019 | Senate | Floor Vote |
| April 23, 2019 | House | Hearing |
| May 15, 2019 | House | Exec Session |
| May 21, 2019 | House | Exec Session |
| House | Floor Vote | |
| June 5, 2019 | House | Floor Vote |
Aug. 2, 2019: Signed by the Governor on 08/02/2019; Chapter 308; Effective 08/02/2019
June 27, 2019: Enrolled (In recess 06/27/2019); SJ 21
June 27, 2019: Enrolled 06/27/2019 HJ 20 P. 56
June 27, 2019: Enrolled Bill Amendment # 2019-2632e Adopted, VV, (In recess of 06/27/2019); SJ 21
June 27, 2019: Enrolled Bill Amendment # 2019-2632e: AA VV 06/27/2019 HJ 20 P. 53
June 13, 2019: Sen. Watters Moved to Concur with the House Amendment, MA, VV; 06/13/2019; SJ 20
June 6, 2019: Ought to Pass with Amendment 2019-2161h: MA VV 06/06/2019 HJ 18 P. 5
June 5, 2019: Ought to Pass with Amendment 2019-2161h: MA VV 06/05/2019
June 5, 2019: FLAM # 2019-2426h (Rep. Yokela): AF VV 06/05/2019
June 6, 2019: FLAM # 2019-2426h (Rep. Yokela): AF VV 06/06/2019 HJ 18 P. 5
June 5, 2019: Amendment # 2019-2161h: AA VV 06/05/2019
June 6, 2019: Amendment # 2019-2161h: AA VV 06/06/2019 HJ 18 P. 5
June 5, 2019: Committee Report: Ought to Pass with Amendment # 2019-2161h for 06/05/2019 (Vote 14-6; RC) HC 27 P. 19
: Committee Report: Ought to Pass with Amendment # 2019-2161h (Vote 14-6; RC)
May 21, 2019: ==CONTINUED== Executive Session: 05/21/2019 10:15 am LOB 201
May 15, 2019: ==RECESSED== Executive Session: 05/15/2019 10:00 am LOB 201
April 30, 2019: Full Committee Work Session: 04/30/2019 11:00 am LOB 201
April 23, 2019: Public Hearing: 04/23/2019 10:30 am LOB 201
March 20, 2019: Introduced 03/20/2019 and referred to Public Works and Highways HJ 11 P. 69
Feb. 14, 2019: Ought to Pass with Amendment 2019-0201s, MA, VV; OT3rdg; 02/14/2019; SJ 5
Feb. 14, 2019: Committee Amendment # 2019-0201s, AA, VV; 02/14/2019; SJ 5
Feb. 14, 2019: Committee Report: Ought to Pass with Amendment # 2019-0201s, 02/14/2019; Vote 5-0; CC; SC 10
Feb. 7, 2019: Committee Report: Ought to Pass with Amendment # 2019-0201s, 02/07/2019; Vote 5-0; CC; SC 9
Feb. 7, 2019: Committee Report: Ought to Pass with Amendment # 2019-0201s, 02/07/2019; Vote 5-0; CC; SC 9
Jan. 22, 2019: Hearing: 01/22/2019, Room 103, LOB, 01:30 pm; SC 7
Jan. 3, 2019: Introduced 01/03/2019 and Referred to Transportation; SJ 4