New Hampshire Revised Statutes 674:40-a – Delegation of Authority to Accept Dedicated Streets
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I. Notwithstanding N.H. Rev. Stat. § 674:40, a municipality with the town meeting form of government, which has conferred upon a planning board platting jurisdiction in accordance with N.H. Rev. Stat. § 674:35, may, by majority vote at an annual or special meeting, under an article in the warrant inserted by the local governing body, or by petition, delegate to the local governing body the authority to accept dedicated streets. Such a delegation may be rescinded by the municipality in the same manner.
II. If such a delegation is made, the local governing body may vote to accept any dedicated street only if the street corresponds in its location and lines with a street shown on a subdivision plat or site plan approved by the planning board, or on the official map, or on a street plat made and adopted by the board. A street which has not received such prior planning board approval shall not be accepted without a vote of the local legislative body pursuant to N.H. Rev. Stat. § 674:40, III.
III. The local governing body shall hold a public hearing on the proposed acceptance prior to taking action.
IV. A street accepted under this section shall have the status of a public highway under N.H. Rev. Stat. § 229:1. Such street shall be deemed a class V highway, subject to the municipality’s duty of regular maintenance as set forth in RSA 231, unless otherwise designated pursuant to statute.
V. In this section, “dedicated street” means a street which has been dedicated to public use under the New Hampshire common law of dedication.
II. If such a delegation is made, the local governing body may vote to accept any dedicated street only if the street corresponds in its location and lines with a street shown on a subdivision plat or site plan approved by the planning board, or on the official map, or on a street plat made and adopted by the board. A street which has not received such prior planning board approval shall not be accepted without a vote of the local legislative body pursuant to N.H. Rev. Stat. § 674:40, III.
Terms Used In New Hampshire Revised Statutes 674:40-a
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- governing body: shall mean the board of selectmen in a town, the board of aldermen or council in a city or town with a town council, the school board in a school district or the village district commissioners in a village district, or when used to refer to unincorporated towns or unorganized places, or both, the county commissioners. See New Hampshire Revised Statutes 21:48
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- legislative body: shall mean a town meeting, school district meeting, village district meeting, city or town council, mayor and council, mayor and board of aldermen, or, when used to refer to unincorporated towns or unorganized places, or both, the county convention. See New Hampshire Revised Statutes 21:47
- petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
- Statute: A law passed by a legislature.
III. The local governing body shall hold a public hearing on the proposed acceptance prior to taking action.
IV. A street accepted under this section shall have the status of a public highway under N.H. Rev. Stat. § 229:1. Such street shall be deemed a class V highway, subject to the municipality’s duty of regular maintenance as set forth in RSA 231, unless otherwise designated pursuant to statute.
V. In this section, “dedicated street” means a street which has been dedicated to public use under the New Hampshire common law of dedication.