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RSA 236:39 · Civil Liability

Title: XX: TRANSPORTATION
Chapter: 236 · HIGHWAY REGULATION, PROTECTION AND CONTROL REGULATIONS
Status: current
Official source linked: Yes

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236:39 Civil Liability. –

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If any person, without authority, shall place any obstruction in a highway, or cause any defect, insufficiency, or want of repair of a highway which renders it unsuitable for public travel, he or she shall be liable to the state for all damages to the highway, including full and current replacement costs of protective barriers, and any structure or device that is part of the highway or turnpike system, when maintained by the state, or to the municipality for all damages to a highway, including full and current replacement costs of protective barriers and any structure or device that is part of the highway, when maintained by the municipality, and for all damages and costs which the state or municipality shall be compelled to pay to any person injured by such obstruction, defect, insufficiency, or want of repair as established through an appropriate contribution claim or under the rules of joint and several liability.

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II.

"Full and current replacement cost" as used in this section means actual or reasonable estimates of labor, including contracted labor, material, equipment, and overhead. Such costs shall not be reduced for depreciation.

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III.

This section applies to all pending claims, including but not limited to claims incurred before or after the effective date of this section, and future causes of action for liability and damages under this section. Source. RS 59:5. CS 63:5. GS 70:7. GL 72:27; 76:7. PS 77:14. PL 92:15. RL 108:15. 1945, 188:1, part 19:33. RSA 249:38. 1981, 87:1. 2007, 332:1. 2008, 184:1, eff. Jan. 1, 2009. 2021, 91:134, eff. July 1, 2021; 185:4, eff. Oct. 9, 2021.

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Source note

Source. RS 59:5. CS 63:5. GS 70:7. GL 72:27; 76:7. PS 77:14. PL 92:15. RL 108:15. 1945, 188:1, part 19:33. RSA 249:38. 1981, 87:1. 2007, 332:1. 2008, 184:1, eff. Jan. 1, 2009. 2021, 91:134, eff. July 1, 2021; 185:4, eff. Oct. 9, 2021.

Source history

1945, 188:1, part 19:33. RSA 249:38
1981, 87:1
2007, 332:1
2008, 184:1, eff. Jan. 1, 2009
2021, 91:134, eff. July 1, 2021; 185:4, eff. Oct. 9, 2021
RS 59:5. CS 63:5. GS 70:7. GL 72:27; 76:7. PS 77:14. PL 92:15. RL 108:15

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ging. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Subdivision; Curbside Electric Charging in the Public Right-of-Way. Amend RSA 236 by inserting after section 134 the following new subdivision: Curbside Electric Charging in the Public Right-of-Way 236:135 Definitions. In this subdivision: I. "Curbside electric vehicle charging device" or "curbsi
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2025 HB2 reference
. To meet the requirements of paragraph III, the department of environmental services shall complete the review for any permit, approval, or written authorization required pursuant to RSA 482-A, RSA 485-A, and RSA 236. The department of environmental services shall adopt rules under RSA 541-A to implement the review process and establish a fee schedule for any requested reviews. Such rulemaking shall commence within 90 days