New Hampshire Revised Statutes 231:76 – Petition to Court; Remedy Exclusive
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I. If an owner is aggrieved by a decision of the selectmen under N.H. Rev. Stat. § 231:75, such owner may appeal to the superior court in accordance with the appeals of highway layout decisions, as set forth in N.H. Rev. Stat. § 231:34.
II. The question of the public need for the change of grade or drainage, and the reasonableness of the methods chosen shall be reviewed by the court only for an abuse of discretion, and there shall be no right to a jury trial on that question. The amount of damages, if any, shall be determined by jury, or by trial without jury if jury trial is waived.
III. So long as the notice provisions in N.H. Rev. Stat. § 231:75 have been followed, the remedy provided in this subdivision shall be the exclusive remedy to a landowner aggrieved by a change in grade or drainage made by a town in the repair of a town highway. This subdivision shall be deemed an exception to the otherwise-applicable limits on municipal liability arising from repair of public highways, as set forth in N.H. Rev. Stat. § 231:92.
II. The question of the public need for the change of grade or drainage, and the reasonableness of the methods chosen shall be reviewed by the court only for an abuse of discretion, and there shall be no right to a jury trial on that question. The amount of damages, if any, shall be determined by jury, or by trial without jury if jury trial is waived.
Terms Used In New Hampshire Revised Statutes 231:76
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
III. So long as the notice provisions in N.H. Rev. Stat. § 231:75 have been followed, the remedy provided in this subdivision shall be the exclusive remedy to a landowner aggrieved by a change in grade or drainage made by a town in the repair of a town highway. This subdivision shall be deemed an exception to the otherwise-applicable limits on municipal liability arising from repair of public highways, as set forth in N.H. Rev. Stat. § 231:92.