367:28 Notice. – The court shall fix a time and place for a hearing upon the petition and shall order the petitioner to give notice thereof by publishing the petition, or the substance of it (not including the names of stockholders), in such newspapers as the court may order, and by mailing postpaid to […]
367:29 Hearing. – At the time and place so appointed such justice, or some other justice of the court, shall attend, and, if it appears that the summons has been complied with, shall proceed with the hearing. Source. 1889, 5:1. PS 156:30. PL 246:27. RL 296:27. 2014, 204:18, eff. July 11, 2014.
367:3 Name. – The corporate name shall be one that is not in use by any other corporation in the state; and it shall not be changed except by the legislature. Source. 1883, 100:3. PS 156:3. PL 246:3. RL 296:3.
367:30 Additional Parties. – Any nonassenting stockholders may appear and be heard upon the questions before the court affecting their rights. Source. 1889, 5:1. PS 156:30. PL 246:28. RL 296:28.
367:31 Guardian Ad Litem. – If any such stockholder is a minor, or an insane person and has no guardian, the justice shall appoint a guardian ad litem for such person, and the petitioner shall pay such guardian for his services and disbursements in the proceedings. Source. 1889, 5:1. PS 156:30. PL 246:29. RL […]
367:32 Orders. – After hearing the parties, the justice shall determine the value of the stock, interest or property right taken of all stockholders who are entitled to have compensation therefor and shall make and enforce all orders that may be necessary to secure to dissenting and other stockholders all their rights under the […]
367:33 Payment. – The petitioner shall forthwith pay or tender the sums so awarded to the stockholders entitled thereto. If for any reason it is impracticable to make or tender such payment, or if a stockholder refuses to receive the sum awarded to him when tendered, the petitioner shall deposit the money with the […]
367:34 Effect. – Whenever the petitioner has made such payment or tender and deposit, the stock, interest or property right of the stockholder shall become the property of the petitioner, and the court may make and enforce such orders as may be necessary to secure the same to the petitioner. Source. 1889, 5:1. PS […]
367:35 Perfecting Title. – Whenever the petitioner has made payment or tender and deposit of all sums thus awarded, the lessee corporation, or the new corporation, as the case may be, shall become possessed and seized of the property, franchises and rights named in the contract of lease or union in accordance with the […]
367:36 Appeal. – Any stockholder who is aggrieved by the award may appeal therefrom by filing, in the office of the clerk of the superior court for the county of Merrimack, notice of his appeal, within 30 days after the award is filed. Source. 1889, 5:1. PS 156:35. PL 246:34. RL 296:34.
367:37 Entry of Appeal. – The justice who made the award, upon application of the appellant, shall direct the appeal to be entered at a term of the court to be held in the county in which the appellant resides or in which the principal office of the appellee is located, as he shall […]
367:38 Notice of Appeal; Assessment. – The appellant shall give notice to the appellee of his appeal, and of the court at which it will be entered, at least 14 days before the beginning of such term; and the court shall thereupon assess the value of his stock, interest or property right taken, by […]
367:39 Judgment; Costs. – If upon such trial the amount of the award is increased, the stockholder shall have judgment and execution against the appellee therefor, with interest and costs; if it is decreased, the appellee shall have judgment and execution for such decrease. Source. 1889, 5:1. PS 156:37. PL 246:37. RL 296:37.
367:4 Capital Stock. – The capital stock of the corporation shall not be less than $5,000 for each mile of the proposed railroad if the gauge thereof is to be 3 feet or less, and not less than $10,000 for each mile if the gauge is to be more than 3 feet. It shall […]
367:40 Hiring Money. – A corporation may borrow money to settle with its dissenting stockholders; provided, that its indebtedness is not thereby increased beyond the limit authorized by law. Source. PS 156:40. PL 246:38. RL 296:38.
367:41 Retirement of Stock. – Whenever a corporation becomes the owner of any of its stock, under the provisions of this chapter, it shall sell or retire the same within 2 years after it becomes such owner. Unless it can sell the same at private sale for as much as it cost the corporation, […]
367:42 Location. – No corporation shall locate a railroad upon or over any portion of a route for which a charter of any other corporation was upon September 14, 1883, and still is, existing, and under which a location has not been made, until it has been made or until the time limited in […]
367:43 Place of Business. – The principal place of business of every corporation formed under the provisions of this chapter, and the offices of the superintendent and other officers who have the general management of the business of the corporation, shall be within this state. Source. 1883, 100:17. PS 156:39. PL 246:41. RL 296:41.
367:44 Map or Profile; Filing Required. – I. Any corporation which constructs a railroad or a branch or extension of a railroad shall file a map or profile of the railroad, branch or extension with the secretary of state. II. The filing must be made within one year of the time the railroad, branch […]
367:45 Adverse Possession. – No title to any real estate or to any interest therein shall be acquired by or against a railroad by adverse possession, however exclusive or long continued. Source. 1862, 2625:1. 1865, 4085:1. GS 146:25. GL 160:25. PS 157:15. PL 247:13. RL 298:13. 1951, 203:54, eff. Sept. 1, 1951.
