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Terms Used In New Hampshire Revised Statutes 481:11

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Department: means the department of environmental services. See New Hampshire Revised Statutes 481:2
  • justice: when applied to a magistrate, shall mean a justice of a municipal court, or a justice of the peace having jurisdiction over the subject-matter. See New Hampshire Revised Statutes 21:12
  • person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
  • 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
  • Project: shall be deemed to include all property, rights, easements and franchises relating to the project and necessary or convenient for its operation. See New Hampshire Revised Statutes 481:2
  • real estate: shall include lands, tenements, and hereditaments, and all rights thereto and interests therein. See New Hampshire Revised Statutes 21:21
Whenever it shall become necessary for the purposes of any project within the authority of said department to flow water upon or otherwise prevent the use of any highway, bridge, electric transmission or distribution line, telephone or telegraph line, or other property or facilities in public use, if the department shall find that the accommodation or convenience of the public requires a change in the grade of such highway or bridge or the relocation of such highway, bridge, electric transmission or distribution line, telephone or telegraph line, or other property or facilities in public use and if it shall be unable to agree with the person, corporation, town, or other municipality having such highway, bridge, electric transmission or distribution line, telephone or telegraph line, or other property or facilities for such change in grade or for such relocation, said department may apply by petition to the superior court in the county where such highway, bridge, electric transmission or distribution line, telephone or telegraph line, or other property or facilities, or any part thereof, is located for authority to change the grade of such highway or bridge or for the relocation of such highway, bridge, electric transmission or distribution line, telephone or telegraph line, or other property or facilities and for determination of the damages, if any, which may be occasioned to any person, corporation, town, or other municipality by reason of such change or relocation. The superior court, upon the filing of such petition, shall order notice thereof to be given in such manner as may seem fit and such proceedings shall be had thereon as justice may require. For the purpose of relocating any such highway, bridge, electric transmission or distribution line, telephone or telegraph line, or other property or facilities, the superior court may appoint 3 suitable persons as commissioners who shall, after hearing the parties, make such relocation and file a return of their proceedings in the superior court. Said department, in accordance with the terms of the final decree, including the payment or tender of such damages as may be awarded, shall be entitled to proceed with such change in grade or such relocation. Said department may acquire such lands, easements and other rights and interests in land as may be necessary for the relocation of any highway, bridge, electric transmission or distribution line, telephone or telegraph line, or other property or facilities in public use in the manner provided in N.H. Rev. Stat. § 481:10, but the title thereto shall be taken in the name of the person, corporation, town or other municipality for whose benefit said real estate is acquired.