Revision: Feb. 14, 2019, 12:47 p.m.
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
-----------------------------------------------------------------
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.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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.