CNHT has a request from some of the 16 homeowners and taxpayers situated on a small peninsula on a lake in
The homeowners received a letter dated 11/29/07 from New Hampshire Northcoast (NHN), a railroad, stating that according to their information the 200’ road that leads from a public highway to the peninsula and in the process crosses their train tracks is a “private way.” The company does not provide any proof that this 200’ of paved road, the only access to the peninsula, also known as Little America, is “private” – proving something like this can become a sticky wicket in jolly old
Next, the company offers the suggestion that the homeowners get liability insurance to cross HNH tracks. Remember that recently, just up the tracks from
HNH sends a copy of a state law, RSA 373:10, which if read objectively has no requirement for
Nice try, but
Next HNH sends a follow up letter on 5/29/08 stating that HNH will have no alternative but to close the crossing as of August 1, 2008. HNH also claims once more that the street in question,
I went to the Milton Selectmen’s meeting two weeks ago, a two hour drive, and let them have a Right to Know request for the deeds to the property involved. They complied and shazaam, it turns out the land on which
Now readers, you’re an enlightened bunch, here are some other facts and laws.
The town has been plowing the road for a long time.
The land is owned by the State of
Anyone is allowed and has always been allowed to use
373:1 Facilities. –
373:6-a Private Crossings Used by Public. –
373:10 Railroad Signs, Gates and Other Protection. –
And my favorite:
Closing of Highway Crossings
373:24 Service of Orders. –
Source. 1935, 110:3. RL 299:41. 1951, 203:58 par. 24, eff. Sept. 1, 1951.
If on August 1, 2008 the railroad company, HNH, does indeed close the access to 16 private homes along with the town water facilities without first going through the owner, the State of