Bill Details - SB39 (2019)

SB 39 - AS AMENDED BY THE SENATE

 

02/14/2019   0201s

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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

 

1  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 rateably 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 such road shall be solely responsible for repairing or restoring the portion damaged by such owner.

2  Effective Date.  This act shall take effect upon its passage.

Docket

Date Status
Jan. 3, 2019 Introduced 01/03/2019 and Referred to Transportation; SJ 4
Jan. 22, 2019 Hearing: 01/22/2019, Room 103, LOB, 01:30 pm; SC 7
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
Feb. 14, 2019 Committee Report: Ought to Pass with Amendment # 2019-0201s, 02/14/2019; Vote 5-0; CC; SC 10
Feb. 14, 2019 Committee Amendment # 2019-0201s, AA, VV; 02/14/2019; SJ 5
Feb. 14, 2019 Ought to Pass with Amendment 2019-0201s, MA, VV; OT3rdg; 02/14/2019; SJ 5

Action Dates

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

Bill Text Revisions

SB39 Revision: 4707 Date: Jan. 14, 2019, 10:07 a.m.
SB39 Revision: 4733 Date: Jan. 14, 2019, 2:33 p.m.
SB39 Revision: 5331 Date: Feb. 14, 2019, 12:47 p.m.