Layout of State Highways
230:14 Layout by Commission.
I. The governor, with advice of the council, may appoint a commission of 3 persons who, upon hearing, shall determine whether there is occasion for the laying out or alteration of a class I or class II highway or a highway within the state included in the national system of interstate highways as proposed by the commissioner of transportation. If such a determination is made by the commission, the commissioner may purchase land or other property that is reasonably necessary for the construction, reconstruction, or alteration and shall lay out the remainder of such highway or alteration. Any such land or property which cannot be acquired by agreement with the owner or owners thereof may be acquired in accordance with RSA 498-A and all issues that are appealed relating to necessity, public use, and net public benefit shall be determined in accordance with RSA 230:19. Property rights acquired under the provisions of this section shall be in fee simple or in the form of easements, including property acquired by condemnation proceedings.
II. The commissioner may acquire such property as he or she determines necessary to:
(a) Lay out and establish, construct, improve, or maintain, provide a change of alignment of, or provide drainage for class I or class II highways.
(b) Construct, improve, and maintain transportation projects as directed by law and provide mitigation for existing or potential environmental effects of transportation projects.
(c) Provide rest areas, parking strips, and roadside and landscape development for the preservation and development of natural scenic beauty.
(d) Provide for the health, safety, and welfare of the public using a class I or class II highway.
(e) Secure materials, with necessary ways and access, for the construction, improvement, and maintenance of class I or class II highways.
(f) Erect administrative, storage, and operational buildings.
Source. 1945, 188:1, part 4:2. 1950, 5:1, part 9:1, par. 3. RSA 233:2. 1981, 87:1. 1983, 297:8. 1985, 402:6, I(b)(2). 1992, 150:4. 1998, 74:1. 2006, 324:23, eff. Jan. 1, 2007. 2018, 155:1, eff. July 29, 2018.