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RSA 231:90 · Duty of Town After Notice of Insufficiency

Title
XX: TRANSPORTATION
Chapter
231 · CITIES, TOWNS AND VILLAGE DISTRICT HIGHWAYS
Status
current
Official source linked
Yes
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231:90 Duty of Town After Notice of Insufficiency. –

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I.

Whenever any class IV or class V highway or bridge or sidewalk thereon in any municipality shall be insufficient, any person may give written notice of such insufficiency to one of the selectmen or highway agents of the town, or the mayor or street commissioners of the city, and a copy of said notice to the town or city clerk. The notice shall be signed and shall set forth in general terms of the location of such highway, bridge, or sidewalk and the nature of such insufficiency.

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II.

For purposes of this subdivision, a highway or sidewalk shall be considered "insufficient" only if:

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(a)

It is not passable in any safe manner by those persons or vehicles permitted on such sidewalk or highway by state law or by any more stringent local ordinance or regulation; or

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(b)

There exists a safety hazard which is not reasonably discoverable or reasonably avoidable by a person who is traveling upon such highway at posted speeds or upon such sidewalk, in obedience to all posted regulations, and in a manner which is reasonable and prudent as determined by the condition and state or repair of the highway or sidewalk, including any warning signs, and prevailing visibility and weather conditions.

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III.

A highway or sidewalk shall not, in the absence of impassability or hidden hazard as set forth in paragraph II, be considered "insufficient" merely by reason of the municipality's failure to construct, maintain or repair it to the same standard as some other highway or sidewalk, or to a level of service commensurate with its current level of public use. Source. 1893, 59:2, PL 82:8. RL 98:8. 1945, 188:1, part 18:9. RSA 247:9. 1981, 87:1. 1991, 385:3, eff. Jan. 1, 1992.

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Source note

Source. 1893, 59:2, PL 82:8. RL 98:8. 1945, 188:1, part 18:9. RSA 247:9. 1981, 87:1. 1991, 385:3, eff. Jan. 1, 1992.

Source history

  • 1893, 59:2, PL 82:8. RL 98:8
  • 1945, 188:1, part 18:9. RSA 247:9
  • 1981, 87:1
  • 1991, 385:3, eff. Jan. 1, 1992

Related materials

Bill relationships

  • 2026 HB1064 reference · effective 2027-01-01

    uity and good conscience; (c) Provided, however, that the liability of any governmental unit with respect to its sidewalks, streets, and highways shall be limited as provided in RSA 231 and the liability of any governmental unit with respect to publicly owned airport runways and taxiways shall be limited as set forth in RSA 422. II. The provisions of this chapter shall not apply to: (a) Any claim b

  • 2026 HB1064-FN reference · effective 2027-01-01

    uity and good conscience; (c) Provided, however, that the liability of any governmental unit with respect to its sidewalks, streets, and highways shall be limited as provided in RSA 231 and the liability of any governmental unit with respect to publicly owned airport runways and taxiways shall be limited as set forth in RSA 422. II. The provisions of this chapter shall not apply to: (a) Any claim b

  • 2026 SB409 reference · effective 2027-01-01

    uity and good conscience; (c) Provided, however, that the liability of any governmental unit with respect to its sidewalks, streets, and highways shall be limited as provided in RSA 231 and the liability of any governmental unit with respect to publicly owned airport runways and taxiways shall be limited as set forth in RSA 422. II. The provisions of this chapter shall not apply to: (a) Any claim

  • 2026 SB409-FN reference · effective 2027-01-01

    uity and good conscience; (c) Provided, however, that the liability of any governmental unit with respect to its sidewalks, streets, and highways shall be limited as provided in RSA 231 and the liability of any governmental unit with respect to publicly owned airport runways and taxiways shall be limited as set forth in RSA 422. II. The provisions of this chapter shall not apply to: (a) Any claim

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