Section 380:11 – Neglect.
380:11 Neglect. – The fact that a section of the right of way was not patrolled shall not be evidence of negligence to debar such railroad from insurance on property as provided in RSA 380:3. Source. 1913, 155:3. PL 250:11. RL 300:11. 1951, 203:59 par. 11, eff. Sept. 1, 1951.
Section 380:12 – To Clear Brush, Etc.
380:12 To Clear Brush, Etc. – Railroads shall have the right, subject to the provisions hereof, to enter upon forest or brush land adjacent to the right of way without liability for trespass for the purpose of clearing brush, grass and inflammable material from such land for a distance of 25 feet from the […]
Section 380:13 – Notice.
380:13 Notice. – Prior to making such a clearing, the railroad shall give the owner thereof notice of its intention by letter mailed to his last known address, and thereafter by publishing said notice at least once in 2 newspapers of general circulation in the county. Said notice shall quote RSA 380:12-17. Source. 1913, […]
Section 380:14 – Failure to Object.
380:14 Failure to Object. – If the owner shall not file an objection to such clearing with the department of transportation within 15 days from the date of such publication, he shall be deemed to have given consent. Source. 1913, 155:4. PL 250:14. RL 300:14. 1951, 203:59 par. 14. RSA 380:14. 1985, 402:6, I(e)(8).
Section 380:15 – Objection.
380:15 Objection. – Upon the filing of such an objection, the department of transportation shall notify the owner of the time and place when he may appear to show cause why such clearing should not be done. Source. 1913, 155:4. PL 250:15. RL 300:15. 1951, 203:59 par. 15. RSA 380:15. 1985, 402:6, I(e)(8).
Section 380:16 – Hearing; Order.
380:16 Hearing; Order. – After a hearing, the department of transportation may sustain the objection or permit the clearing to be done, and may prescribe the extent and methods of such clearing. Source. 1913, 155:4. PL 250:16. RL 300:16. 1951, 203:59 par. 16. RSA 380:16. 1985, 402:6, I(e)(8).
Section 380:17 – Assistance.
380:17 Assistance. – The department of transportation may require the assistance of the department of natural and cultural resources and the director of the division of forests and lands in furnishing information pertinent to carrying out RSA 380:16. Source. 1913, 155:4. PL 250:17. RL 300:17. 1951, 203:59 par. 17. RSA 380:17. 1985, 402:6, I(e)(8). […]
Section 380:18 – Reports.
380:18 Reports. – The department of natural and cultural resources or its authorized agents shall have the right to enter upon railroad or other property to ascertain facts, and from time to time shall report the same to the department of transportation. Source. 1913, 155:5. PL 250:18. RL 300:18. 1951, 203:59 par. 18. RSA […]
Section 380:8 – Expenses.
380:8 Expenses. – All just and proper expenses incurred in extinguishing forest or brush fires caused by a railroad shall be paid by such railroad; but the fact that such payment has been made shall not be admissible as evidence that such fire was so caused. Source. 1913, 155:2. PL 250:8. RL 300:8. 1951, […]
Section 380:9 – Instruction to Employees.
380:9 Instruction to Employees. – Railroads shall promulgate among their employees instructions for the prevention and extinguishment of fires along the right of way. Source. 1913, 155:3. PL 250:9. RL 300:9. 1951, 203:59 par. 9, eff. Sept. 1, 1951.