CHAPTER 35
HB 1566-FN - FINAL VERSION
2000 SESSION
HOUSE BILL 1566-FN
AN ACT relative to perambulation between states.
SPONSORS: Rep. E. Smith, Ches 6
COMMITTEE: Public Works and Highways
This bill revises the laws dealing with perambulation of boundary lines between the states.
This bill was requested by the department of transportation.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
00-2525
05/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand
AN ACT relative to perambulation between states.
Be it Enacted by the Senate and House of Representatives in General Court convened:
35:1 Perambulation Between New Hampshire and Other States. RSA 1:1 - RSA 1:11 are repealed and reenacted to read as follows:
1:1 Perambulation of the New Hampshire Line with the Adjoining States of Maine, Massachusetts and Vermont. The boundary lines between the state of New Hampshire and the states of Maine and Vermont and the Commonwealth of Massachusetts shall be perambulated and the bounds renewed whenever necessary.
1:2 Notice. The governor, with the advice and consent of the council, shall authorize the commissioner of the department of transportation in consultation with the attorney general to notify and make such arrangements with the proper authorities of the adjoining state as may be necessary to carry out the provisions of this chapter.
1:3 Return. A return of each perambulation shall be made describing the marks and monuments of such line and particularly describing any change of location or resetting of any monument as authorized in this chapter, and such return shall be signed by the duly authorized representative of both states and a copy filed with the secretary of state.
1:4 Expense. All expenses incurred in each perambulation shall be shared equally between the 2 states. The governor is authorized to draw a warrant for New Hampshire's share out of any money in the treasury not otherwise appropriated.
1:5 Perambulation of the New Hampshire - Massachusetts State Line. The perambulation of the boundary line between the state of New Hampshire and the Commonwealth of Massachusetts shall be as established and marked on land under the provisions of 1901, 115:1.
1:6 Perambulation of New Hampshire - Maine State Line. The perambulation of the boundary line between the state of New Hampshire and the state of Maine shall be as established and marked on land under the provisions of the 1947, 115 and shall extend from Bryant's Rock at East Pond to the Canadian line.
1:7 Perambulation of New Hampshire - Vermont State Line. The perambulation of the boundary line between the state of New Hampshire and the state of Vermont shall be as established and marked on land under the provisions of the opinion and associated decrees of the United States Supreme Court in the case of Vermont v. New Hampshire, 290 U.S. 579 (1933).
1:8 Preservation of Monuments on State Boundaries. No person shall willfully or maliciously disturb or injure, or, except as herein provided, remove, obliterate, deface or cover up any monument or mark designating a boundary line between the state of New Hampshire and an adjoining state. Any person desirous of removing and/or replacing any such monument or mark may apply to the commissioner of the department of transportation. In addition, no person shall begin or attempt to begin any alteration or improvement of the banks or bed of the Connecticut river, the erection of any building, dam, or other structure upon the banks or bed of said river or any other operations which will affect the waters or flow of said river so as to make difficult the ascertaining of the location of the boundary line between this state and the state of Vermont without first applying to the commissioner of the department of transportation.
1:9 Determination of Need for Monuments. Upon receipt of an application under RSA 1:8, the commissioner of the department of transportation in consultation with the attorney general shall arrange for a joint review with appropriate officials of the adjoining state to determine whether any monument or marking will be affected and if so, whether said monument or marking is needed. Upon determination of need or lack of need for marking of the boundary, the commissioner shall certify the determination made to the applicant.
1:10 Permit for Resetting Markers and Bounds. Upon a determination of need, the commissioner of the department of transportation may issue a permit for the alteration or resetting of the original boundary or mark upon approval of the adjoining state. Conditions for the alteration or resetting shall be determined by the commissioner and all costs borne by the applicant. A full description of any change in such monument or mark, signed by a representative of both states, shall be recorded with the secretary of state.
1:11 Penalty for Alteration without Application and Permit. Whoever violates the provisions of RSA 1:8 shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
35:2 Repeal. The following are repealed:
I. RSA 1:12, relative to notice concerning perambulation of New Hampshire - Massachusetts state line.
II. RSA 1:13, relative to return of the perambulation.
35:3 Effective Date. This act shall take effect January 1, 2001.
(Approved: April 3, 2000)
(Effective Date: January 1, 2001)
LBAO
00-2525
Revised 12/21/99
HB 1566 FISCAL NOTE
AN ACT relative to perambulation between states.
FISCAL IMPACT:
The Department of Transportation indicates that there is no fiscal impact on state, county, and local revenue or expenditures.
METHODOLOGY:
The Department states that this bill is a recodification of existing law, and will not require additional funding.