HB1578: relative to the maintenance of private roads.

HB 1578 - AS INTRODUCED

2016 SESSION

16-2041

06/09

HOUSE BILL 1578

AN ACT relative to the maintenance of private roads.

SPONSORS: Rep. Chirichiello, Rock. 6; Rep. R. Christie, Hills. 6; Rep. P. McCarthy, Hills. 29; Rep. Flanagan, Hills. 26; Rep. Hinch, Hills. 21; Sen. Birdsell, Dist 19

COMMITTEE: Public Works and Highways

ANALYSIS

This bill requires an owner of land that abuts a private road to repair and maintain his or her share of such road.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

16-2041

06/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Sixteen

AN ACT relative to the maintenance of private roads.

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

1 New Subdivision; Repair of Private Roads. Amend RSA 231:89 by inserting after section 89 the following new subdivision:

Repair of Private Roads

231:89-a Repair of Private Roads.

I. The owner of any residential property that abuts a private road, the purpose of which is to provide access to such property, shall be responsible for the cost of maintaining the road in good repair and for the cost of repairing or restoring any damaged portion of the road. Maintenance shall include, but not be limited to, the removal of snow from the road.

II. If more than one residential property abuts a private road, the cost of maintaining, repairing, or restoring such road shall be shared by each owner pursuant to the terms of any enforceable written agreement entered into for such purpose. In the absence of such agreement, the cost of maintaining, repairing, or restoring such road shall be shared by each owner of a residential property in proportion to the benefit received by each such property.

III. 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.

IV. If any owner of a residential property abutting a private road refuses to repair or restore a damaged portion of such road under paragraph III, or fails, after a demand in writing, to pay his or her proportion of the cost of maintaining, repairing, or restoring such road under paragraph II, an action for specific performance or contribution may be brought in superior court against such owner by other owners residential property abutting the private road, either jointly or severally.

V. In the event of any conflict between the provisions of this section and an agreement under paragraph II, the terms of the agreement shall control.

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