Railroads and Other Common Carriers

Section 228:60-b

    228:60-b Purchase Price for Rail Properties. –
I. All rail properties within the state offered for sale by any railway corporation after July 1, 1990, shall be offered for sale in writing to the commissioner in the first instance. In no event shall a railroad corporation offer to sell or otherwise dispose of rail properties to any person or entity on terms or conditions more favorable than those offered to the state. The state of New Hampshire acting through the commissioner shall notify such railroad corporation in writing of its acceptance or rejection of an offer within 90 calendar days of receipt of such offer. When the commissioner accepts an offer, he or she shall promptly notify the governor and the governor's council.
II. When the governor receives notice of the commissioner's acceptance of an offer to purchase rail property, he or she shall schedule the offer for consideration by the council within 90 days of the date on the notice. The state of New Hampshire, acting through the commissioner with the approval of governor and council, may match any verifiable bona fide offer made for any rail properties within the limits of funds available to the commissioner for this purpose. In the event that the property offered for sale to the commissioner is to be purchased for other transportation purposes, including recreational trails, funds for such purchase shall be identified and provided by the state agency or political subdivision requesting the commissioner to acquire the property. The state or a political subdivision thereof shall retain title to all land purchased under the right of first refusal. Cooperative use and management agreements with state agencies or political subdivisions providing acquisition funds shall be executed for parcels acquired with other than department of transportation funds. In the event that all or any part of the parcel so acquired is needed for transportation of goods or services of any kind or for any other purpose deemed necessary by the commissioner, the contributing entity shall be entitled to a refund of contribution or replacement land as determined by RSA 4:40. Any such right of first refusal shall be offered in writing to the commissioner who shall notify such railroad corporation in writing of acceptance or rejection of such an offer within 90 calendar days of receipt of such offer.
III. If the amount of any offer is unsatisfactory to the state, the commissioner may proceed to condemn such rail properties under RSA 228:59.

Source. 1983, 100:1. 1985, 254:2. 1990, 200:2. 1993, 267:2. 2001, 114:1. 2005, 88:1, eff. Aug. 6, 2005.