Repair of Highways by Towns

Section 231:76

    231:76 Petition to Court; Remedy Exclusive. –
I. If an owner is aggrieved by a decision of the selectmen under RSA 231:75, such owner may appeal to the superior court in accordance with the appeals of highway layout decisions, as set forth in RSA 231:34.
II. The question of the public need for the change of grade or drainage, and the reasonableness of the methods chosen shall be reviewed by the court only for an abuse of discretion, and there shall be no right to a jury trial on that question. The amount of damages, if any, shall be determined by jury, or by trial without jury if jury trial is waived.
III. So long as the notice provisions in RSA 231:75 have been followed, the remedy provided in this subdivision shall be the exclusive remedy to a landowner aggrieved by a change in grade or drainage made by a town in the repair of a town highway. This subdivision shall be deemed an exception to the otherwise-applicable limits on municipal liability arising from repair of public highways, as set forth in RSA 231:92.

Source. 1848, 725:3. CS 52:20. GS 66:21. GL 72:21. PS 73:25. PL 80:33. RL 96:33. 1945, 188:1, part 16:20. RSA 245:21. 1981, 87:1, eff. April 20, 1981. 2013, 16:3, eff. July 8, 2013.