New Hampshire § 481-11 - Section 481:11 Changing Locations.

§ 481-11. Section 481:11 Changing Locations.

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 RSA 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.