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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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.
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
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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
| Date | Body | Type |
|---|---|---|
| Jan. 30, 2024 | House | Hearing |
| Feb. 7, 2024 | House | Exec Session |
| Feb. 7, 2024 | House | Floor Vote |
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