Railroads and Other Common Carriers

Section 228:60-c

    228:60-c Railroad Right-of-Way Preservation. –
I. The commissioner is authorized to enter into agreements, with owners of railroad rights-of-way on which railroad service has been abandoned, for preservation intact of railroad right-of-way corridors. Any such agreement shall provide:
(a) That a specifically identified railroad right-of-way including all tracks and bridges still in place shall remain intact and under single ownership for a period of at least 5 years; and
(b) Said railroad right-of-way may be used for recreational purposes in conjunction with the statewide trail system provided for in RSA 216-F, subject to its being made available for rail use if necessary; and
(c) During the period of the agreement, the railroad right-of-way shall not be subject to the tax established by RSA 82 and RSA 72:12 which would otherwise be attributable to it; and
(d) The owner of said railroad right-of-way shall be relieved from civil liability for any personal injury or property damage occurring on said right-of-way during the period of the agreement; and
(e) Whatever additional terms the commissioner deems necessary or desirable.
II. Any railroad right-of-way which is the subject of a railroad right-of-way preservation agreement pursuant to this section shall be deemed to be held for railroad use and in continuation of the railroad easement and shall not revert by operation of law to any other ownership.
III. The railroad right-of-way preservation agreements authorized by this section shall become lawful contracts of the state of New Hampshire and shall supersede any contrary state statute or common law when signed by the commissioner, approved as to form and execution by the attorney general and approved by the governor and council.

Source. 1983, 330:1, eff. Aug. 17, 1983.