RSA 231-A:5 · Acquisition of New Trails

231-A:5 Acquisition of New Trails. –

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I.

Municipalities shall not use the power of eminent domain to establish trails.

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II.

A class A or B trail may be established by the local legislative body or its designee over any land previously acquired by the municipality, including land acquired by the conservation commission pursuant to RSA 36-A:4, or town forests established pursuant to RSA 31:110, unless the establishment of such trail would violate any right or interest reserved or retained by a prior grantor or held by a third party.

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III.

The local legislative body or its designee may acquire, by dedication and acceptance or by gift, purchase, grant or devise:

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(a)

Any class A or B trail, subject to such public trail use restrictions as may be imposed by deed by the owner or grantor; or

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(b)

Any lesser interest in land for trail purposes, including but not limited to a revocable easement, revocable license, lease or easement of finite duration, or conservation restriction, subject to such public trail use restrictions and such reserved rights as may be imposed by or agreed upon with the owner or grantor.

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IV.

A properly established conservation commission may utilize RSA 36-A:4 for the acquisition of trails. Source. 1993, 60:2, eff. Jan. 1, 1994.

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