237:34 Authority Granted for Turnpike. –
The commissioner of transportation, with the approval of the governor and council, shall locate and construct a continuous highway from a point on the Massachusetts-New Hampshire boundary in the city of Nashua to a point in the city of Concord and shall operate and maintain said highway as a turnpike as hereinafter provided:
I. Determine the location of the authorized turnpike and fix the width of its right-of-way; provided that the location of the turnpike through the city of Manchester shall be located on the west bank of the Merrimack river.
II. Acquire in the name of the state by purchase or by exercise of the right of condemnation as provided by statute such lands, property, rights, easements and interests as may be deemed necessary for carrying out the provisions of this subdivision.
III. Designate the locations and establish, limit and control such points of ingress to and egress from the turnpike as may be necessary or desirable to ensure the proper operation of the turnpike and to prohibit ingress to or egress from the turnpike at any points not so designated.
IV. Permit toll-free use of certain sections of the turnpike if it is for the public good.
V. Construct grade separations at intersections of the turnpike with public roads and private ways, and change and adjust the lines and grades of such roads and ways so as to accommodate the same to the design of such grade separations to the design of the turnpike.
VI. Construct, operate and maintain the turnpike within the compact areas of cities and towns.
VII. Grant permits or licenses to any corporation or person to place and maintain along, on, under or within the turnpike ducts, pipes, pipelines, poles, wires or other structures, to be so located as not to be unsightly and not to interfere with the safe and convenient operation and maintenance of the turnpike and contract with any such corporation or person for such permit or license on such terms and conditions as may be deemed necessary for carrying out the provisions of this subdivision. The appearance, construction, maintenance and repairs of any such ducts, pipes, pipelines, poles, wires or other structures shall be subject to such directions and regulations as may be imposed.
VIII. Establish a temporary turnpike engineering section for the period of design and construction of the turnpike, assign permanent employees of the department of transportation to duties and positions in said section and employ such engineers and assistants as may be necessary on a temporary basis for said period of design and construction. The costs of said turnpike engineering section shall be a charge against the funds made available hereunder.
IX. Enter into contractual relations on behalf of the state.
X. Do and perform all such acts as are necessary for the public good.
XI. Cause periodic traffic and economic studies to be made of the operation of the aforesaid turnpike.
XII. Make periodic studies of possible extensions or additions to said turnpike.
XIII. Employ such assistants, engineers or consulting services as may be necessary to carry out the provisions of paragraphs XI and XII above. The expense of the said studies shall be a charge upon the funds established under RSA 237:40 and, upon approval by the legislature, extend said turnpike when recommendations of independent recognized consultants indicate that such extensions are economically feasible.
XIV. [Repealed.]
Source. 1953, 238:1. RSA 257:1. 1981, 87:1. 1985, 17:4; 402:6, I(b)(8). 1987, 403:7. 1996, 95:1, III, eff. July 14, 1996.