New Hampshire Revised Statutes 231:45-a – Discontinuance of Highways Subject to Legislative Body Approval
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I. No class IV or V highway shall be discontinued or discontinued subject to gates and bars without the vote of the local legislative body as required by N.H. Rev. Stat. § 231:43 or N.H. Rev. Stat. § 231:45.
II. No vote or other action of the governing body shall be effective to reclassify a class IV or V highway as a class VI highway, except for the failure to maintain and repair that highway in suitable condition for travel thereon for 5 or more successive years as provided by N.H. Rev. Stat. § 229:5, VII.
III. Any municipality which neglects to maintain and repair a class IV or V highway, without the vote of the legislative body, shall be subject to proceedings under N.H. Rev. Stat. § 231:90 or N.H. Rev. Stat. § 231:82 at any time prior to the lapse of the 5-year period under N.H. Rev. Stat. § 229:5, VII.
II. No vote or other action of the governing body shall be effective to reclassify a class IV or V highway as a class VI highway, except for the failure to maintain and repair that highway in suitable condition for travel thereon for 5 or more successive years as provided by N.H. Rev. Stat. § 229:5, VII.
Terms Used In New Hampshire Revised Statutes 231:45-a
- 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
- 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
III. Any municipality which neglects to maintain and repair a class IV or V highway, without the vote of the legislative body, shall be subject to proceedings under N.H. Rev. Stat. § 231:90 or N.H. Rev. Stat. § 231:82 at any time prior to the lapse of the 5-year period under N.H. Rev. Stat. § 229:5, VII.