HB1196 (2024) Detail

Relative to requests for easements for the purpose of laying sidewalk along class I-IV highways.


HB 1196-FN - AS INTRODUCED

 

 

2024 SESSION

24-2430

11/08

 

HOUSE BILL 1196-FN

 

AN ACT relative to requests for easements for the purpose of laying sidewalk along class I-IV highways.

 

SPONSORS: Rep. Gallager, Merr. 20

 

COMMITTEE: Public Works and Highways

 

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ANALYSIS

 

This bill allows municipalities to request easements for the purpose of laying sidewalk along class I, II, III, and IV roads.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24-2430

11/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Four

 

AN ACT relative to requests for easements for the purpose of laying sidewalk along class I-IV highways.

 

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

 

1  New Section; Request for Easements to Lay a Sidewalk.  Amend RSA 231 by inserting after section 231:111 the following new section:

231:111-a  Request for Easements to Lay a Sidewalk.

I.  A municipality may request an easement from the department of transportation for the purpose of laying sidewalk alongside class I, II, III, or IV roads.

II.  The department may create an application and requirements for granting such easements.

III.  Within 90 days of receiving the request from the municipality, the department shall either approve the request for an easement, in whole or in part, and grant the easement, or deny the request and issue written findings in support of the denial.  The 90 days shall not apply where the governor and executive council must approve the land use, or the project requires multiple easements.

IV.  If the department does not grant the easement or issue a denial with written findings within the 90-day period, the applicant shall be granted an easement by default.  The municipality is responsible for any construction costs and maintenance of the sidewalk.

2  Effective Date.  This act shall take effect 60 days after its passage.

 

LBA

24-2430

11/24/23

 

HB 1196-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to requests for easements for the purpose of laying sidewalk along a class I-IV highways.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

Estimated State Impact - Increase / (Decrease)

 

FY 2024

FY 2025

FY 2026

FY 2027

Revenue

$0

$0

$0

$0

Revenue Fund(s)

None

Expenditures

$0

Indeterminable

Funding Source(s)

Highway Fund

Appropriations

$0

$0

$0

$0

Funding Source(s)

None

Does this bill provide sufficient funding to cover estimated expenditures? [X] See Below

Does this bill authorize new positions to implement this bill? [X] N/A

 

METHODOLOGY:

This bill allows municipalities to request an easement from the Department of Transportation for the purpose of laying out a sidewalk along a class I, II, III, or IV highway.  After the request is received by the Department, a 90-day period begins in which the Department must grant the request in whole or in part or deny the request in writing with support for the denial. If the Department fails to act within the specified period, the requested property right passes to the municipality by default. The Department states this bill’s impact on state highway fund expenditures in FY 2025 and beyond is indeterminable, as there is little historical data available regarding municipal requests for sidewalk easements. The Department notes that if it were to impact any easement conveyed under this bill during future expansion or alteration of the respective highway, the Department would then have to compensate the municipality for the easement which the municipality acquired from the Department without compensation.

 

AGENCIES CONTACTED:

Department of Transportation

 

Links


Date Body Type
Jan. 30, 2024 House Hearing
Feb. 7, 2024 House Exec Session
Feb. 7, 2024 House Floor Vote

Bill Text Revisions

HB1196 Revision: 39742 Date: Dec. 1, 2023, 3:04 p.m.
HB1196 Revision: 44479 Date: Nov. 9, 2023, 12:15 p.m.
HB1196 Revision: 44480 Date: Oct. 20, 2023, 10:07 a.m.

Docket


March 7, 2024: Inexpedient to Legislate: MA VV 03/07/2024 HJ 7 P. 21


Feb. 21, 2024: Committee Report: Inexpedient to Legislate 02/07/2024 (Vote 19-0; CC) HC 9 P. 13


Jan. 29, 2024: Executive Session: 02/07/2024 02:40 pm LOB 201


Jan. 12, 2024: Public Hearing: 01/30/2024 01:15 pm LOB 201


Dec. 1, 2023: Introduced 01/03/2024 and referred to Public Works and Highways