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Home » US Law » 2022 New Hampshire Revised Statutes » Title XXXIV - Public Utilities » Title 373 - Crossings, Stations, Fences, Cattle Guards, Bridges, and Bridge Guards

Section 373:1 – Facilities.

    373:1 Facilities. – It shall be the duty of every railroad to provide suitable crossings, stations and other facilities for the accommodation of the public, and suitable gates, crossings, cattle passes and other facilities for the accommodation of persons whose lands are divided, or are separated from a highway, by a railroad. Source. RS […]

Section 373:1-a – State-Owned Rail Lines.

    373:1-a State-Owned Rail Lines. – I. In instances where the state has acquired rail properties, the state shall have the same duty as under RSA 373:1 to provide suitable crossings and other facilities for the accommodation of the public and to provide suitable gates, crossings and other facilities for the accommodation of persons whose […]

Section 373:10 – Railroad Signs, Gates and Other Protection.

    373:10 Railroad Signs, Gates and Other Protection. – Every railroad shall construct, or improve, and operate and maintain at every grade crossing of its railroad with another railroad or highway such warning signs, gates or other protection; it shall so regulate the speed of its trains across any grade crossing and it shall give […]

Section 373:11 – Warning Signs.

    373:11 Warning Signs. – The governmental authority responsible for maintaining a highway shall place and maintain warning signs on every highway approaching a crossing at grade of such highway and the tracks of a railroad, at a reasonable distance on each side of such crossing. The department of transportation shall prescribe the standards for […]

Section 373:13 – Exemption.

    373:13 Exemption. – If in the case of any crossing it appears that the placing of such signs is impracticable or unnecessary, the department of transportation, on petition of the governmental authority responsible for maintaining the highway on which such crossing is situated, may release such governmental authority from the obligation of placing and […]

Section 373:15 – Occupancy of Crossing by Engines or Cars.

    373:15 Occupancy of Crossing by Engines or Cars. – A railroad shall not occupy a grade crossing over a highway by its engines and cars more than 5 minutes at one time without authority from the department of transportation. Source. 1850, 965:2, 3, 4. 1852, 1302:1. CS 150:49, 52. GS 148:7. GL 162:7. 1883, […]

Section 373:16 – Exceptions to 5 Minute Occupations.

    373:16 Exceptions to 5 Minute Occupations. – I. The department of transportation, upon petition, notice and hearing, may fix the maximum time for the occupancy of a railroad on a grade crossing over a highway. The maximum time shall not exceed 9 minutes. II. The commissioner may adopt rules, pursuant to RSA 541-A, relative […]

Section 373:17 – Penalty.

    373:17 Penalty. – Any person who violates the provisions of any of the preceding sections, or of any order of the department of transportation made hereunder, shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person, unless otherwise specifically provided. Source. 1850, 965:2, 3, 4. […]

Section 373:18 – Removal of Obstructions to View.

    373:18 Removal of Obstructions to View. – Whenever, after a hearing upon petition or upon its own motion, the department of transportation shall be of the opinion that the protection required by its order demands that the land adjacent to said crossing shall be cleared and kept clear of buildings, trees, brush or other […]

Section 373:19 – Taking Land.

    373:19 Taking Land. – Whenever any railroad shall deem it necessary for the public safety, or to prevent the kindling and spread of fire from its locomotives, that the land at or near any highway or private crossing at grade, or upon the inside of any curve, be cleared and kept clear of buildings, […]

Section 373:2 – Reconstruction.

    373:2 Reconstruction. – Upon petition of a railroad, the selectmen of a town, or the mayor and council of a city, the department of transportation, after notice and hearing, may require a railroad (a) to separate the grades where a highway and railroad cross at grade or where a railroad crosses another railroad at […]

Section 373:20 – Procedure.

    373:20 Procedure. – Such petition shall set forth the title of the land involved, a description of the land, or of the rights and easements, and the purpose for which required, and proceedings shall thereafter be had as provided in RSA 372. Source. 1951, 203:58 par. 20, eff. Sept. 1, 1951.

Section 373:21 – Recording Petition.

    373:21 Recording Petition. – At any time after the filing of a petition under RSA 373:19, the petitioner may record in the registry of deeds for the county where the land lies a certified copy of said petition, and no sale, lease, or other transfer of said land made after such record shall affect […]

Section 373:22 – Department of Transportation Hearing.

    373:22 Department of Transportation Hearing. – Whenever, after hearing upon petition or upon its own motion, the department of transportation shall be of the opinion that the public safety requires the closing of any public or private crossing over a railroad, at grade or above or below such railroad, it shall order the same […]

Section 373:23 – Advisory Group.

    373:23 Advisory Group. – At any such hearing, the director of the division of motor vehicles and one representative chosen by the selectmen of each town directly served by such crossing shall be invited to sit and confer with the department of transportation in an advisory capacity in the determination of the need for […]

Section 373:24 – Service of Orders.

    373:24 Service of Orders. – In the case of a private crossing, such order shall be served upon the railroad and the landowner affected, or his legal representative. In the case of public crossings, service shall be made upon the railroad, the clerk or clerks of the towns directly served by such crossing, and, […]

Section 373:25 – Damages.

    373:25 Damages. – Any landowner, or his legal representative, entitled to damages by reason of the closing of any private crossing may file a petition with the department of transportation for the assessment of the same within 30 days from the date of such order, and not otherwise. The department of transportation shall set […]

Section 373:26 – Appeal.

    373:26 Appeal. – Any party aggrieved by the assessment of the department of transportation may, within 60 days after the report of the department of transportation thereon and not afterwards, appeal to the superior court in the county where such crossing may be situated, and the court shall assess the same by jury and […]