Section 372:1 – Agents’ Duties.
372:1 Agents’ Duties. – Railroads shall be surveyed, and laid out, in the first instance, by their agents. Source. GS 146:4. GL 160:4. PS 158:1. PL 248:1. RL 298:1. 1951, 203:56, eff. Sept. 1, 1951.
Section 372:10 – By Landowner.
372:10 By Landowner. – The owner of any interest in any land over which the road is located, at any time after the return of the location is made as above provided, may apply in like manner by petition to the department of transportation to appraise the damages occasioned to him by the railroad. […]
Section 372:11 – Abeyance of Appraisal.
372:11 Abeyance of Appraisal. – No appraisal of damages to landowners shall be made, after a petition for a change of location has been presented to the department of transportation, until such question has been decided. Source. GS 146:13. GL 160:13. PS 158:10. PL 248:11. RL 298:11. 1951, 203:1. RSA 372:11. 1985, 402:6, I(e)(5).
Section 372:12 – Award.
372:12 Award. – The department of transportation shall file its report in the office of the secretary of state, and shall certify the damages awarded to landowners in each town to the town clerk of such town, within 10 days after making the award; and the clerk shall note upon such certificate the date […]
Section 372:13 – Appeal.
372:13 Appeal. – If either party is aggrieved by the award of the department of transportation, such party, within 60 days after the report is filed in the office of the secretary of state, and not after, may file in the office of the clerk of the superior court of the county in which […]
Section 372:14 – Security on Appeal.
372:14 Security on Appeal. – If an appeal is taken, the proprietors shall also file in the office of the clerk of court, in the county in which the land is situated, reasonable security to the satisfaction of the court for the payment of any further damages and of the costs which may be […]
Section 372:15 – Payment to Landowner.
372:15 Payment to Landowner. – The damages awarded to a landowner shall be paid or tendered to him, if he is known and resident in the state, before the proprietors of the railroad shall enter on his land to construct their road, except by his consent. Source. 1845, 227:4. CS 150:17. GS 146:20. GL […]
Section 372:16 – Payment to State.
372:16 Payment to State. – If the landowner or his residence is unknown, or if he is a minor and has no guardian, or is not resident in the state, the damages awarded shall be paid to the state treasurer for the landowner’s use, before the land can be rightfully entered upon. Source. CS […]
Section 372:17 – Reduction of Damage.
372:17 Reduction of Damage. – If the landowner’s damages are reduced upon appeal, the proprietors of the railroad shall have judgment and execution against him for the amount of such reduction if he has taken the damages tendered to him; but, if he has not taken such damages, the proprietors may retain the amount […]
Section 372:18 – Costs.
372:18 Costs. – If the result of an appeal is to change the award of damages in favor of the appellant, the appellant shall recover costs; otherwise he shall pay costs. Source. 1844, 128:5. CS 150:11. GS 146:17. GL 160:17. PS 158:21. PL 248:18. RL 298:18.
Section 372:19 – Action.
372:19 Action. – No action shall be brought for damages before entry upon the land; and, if the location of the road shall be changed before the land is entered upon for the purpose of building the road, no damages shall be paid. Source. 1845, 227:4. 1847, 485:3. CS 150:14, 16, 17. GS 146:23. […]
Section 372:2 – Entry on Lands.
372:2 Entry on Lands. – The grantees to whom the legislature has granted the right to construct and maintain a railroad, by virtue of a special charter or of the general laws, may enter upon any land which falls within their route, and by their agents and engineers may make such surveys as they […]
Section 372:20 – Change After Construction.
372:20 Change After Construction. – The location of a railroad already built may be changed by the department of transportation upon petition of the proprietors thereof, after notice to all persons interested, a hearing and an award of damages to persons injured by the change. Source. 1847, 485:1. CS 150:12. GS 146:18. GL 160:18. […]
Section 372:21 – Rights of Parties.
372:21 Rights of Parties. – The rights of all parties shall be the same in such case as in case of an original appraisal. The change of location shall be a discontinuance of the part abandoned, but the proprietors may be allowed by the department of transportation a limited time to remove their fixtures […]
Section 372:22 – Later Set Off.
372:22 Later Set Off. – If land occupied by a railroad was not laid out and the damages appraised at the time of its construction, the road shall not be obstructed, but the land may be set off and the damages appraised as should have been done originally; and the costs of the proceeding […]
Section 372:23 – Taking for Yards, Etc.
372:23 Taking for Yards, Etc. – The proprietors of a railroad may take and hold such land as may be necessary for yards, side tracks, fuel sheds, repair shops, turntables, gravel pits, engine, car and freight houses and depots, for making provisions to supply their buildings and engines with water, and for the purpose […]
Section 372:24 – Remedies Where Land Is Taken for Yards.
372:24 Remedies Where Land Is Taken for Yards. – In the cases provided for in RSA 372:23, the parties shall have like remedies for a change of location, including a modification of the right taken, and for an appraisal of damages, as in the case of taking land for a railroad, with the same […]
Section 372:3 – Location.
372:3 Location. – Persons authorized to construct and maintain a railroad as provided in RSA 372:2 shall locate the route for their railroad where they deem it most suitable, establishing at convenient distances, not exceeding one mile apart, permanent monuments easily ascertainable. The width of the land located shall not exceed 6 rods, with […]
Section 372:4 – Return.
372:4 Return. – Persons authorized to construct and maintain a railroad as provided in RSA 372:2 shall make a return of their location with reference to such monuments to the office of the secretary of state. Such return shall describe the location of the road by courses and distances with reference to such monuments, […]
Section 372:5 – Times of Location.
372:5 Times of Location. – Persons authorized to construct and maintain a railroad as provided in RSA 372:2 may locate and lay out the road in its entire course at one time, or in parts at different and successive times, as they shall deem conducive to the interests of all concerned. Source. CS 150:21. […]