2003 SESSION

03-0501

06/01

HOUSE JOINT RESOLUTION 1

ANALYSIS

This house joint resolution urges the department of transportation to take no further action on the widening of ¼ mile of Route 16, which is part of phase 5-A of the Conway bypass project, and to seek modification of any and all permits necessary to remove the widening part of phase 5-A from the Conway bypass project while continuing other phases until an action presently before the Carroll County superior court is resolved.

03-0501

06/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

Whereas, the Conway bypass, a joint federal and state project, was approved by the governor and council on December 1, 1993, to be constructed in several phases over a long period of time; and

Whereas, phase 5-A is now being considered; and

Whereas, a dispute has arisen between the New Hampshire department of transportation and the citizens of the town of Conway regarding whether part of one phase of the project, known as phase 5-A is necessary and beneficial to the public; and

Whereas, the citizens of Conway voted overwhelmingly (1276 to 697) to delay or cancel the widening of ¼ mile of Route 16 which is part of phase 5-A and move on to other phases of the project; and

Whereas, a number of owners of real property in Conway subject to takings for the widening of Route 16, in accordance with RSA 498-A, have filed preliminary objections to such takings that have been consolidated in an action presently before the Carroll County superior court; and

Whereas, notwithstanding the above, the New Hampshire department of transportation is seeking authorization from the governor and council to award a general contract to build phase 5-A; and

Whereas, contracting to build phase 5-A without final resolution of the action presently before the Carroll County superior court could result in substantial financial loss to the state of New Hampshire as well as abrogation of the constitutional rights of the prospective condemnees; now, therefore, be it

Resolved by the Senate and House of Representatives in General Court convened:

That pending final resolution of the action presently before the Carroll County superior court, the New Hampshire department of transportation is urged to take no further action in regard to phase 5-A, including but not limited to, awarding construction and other contracts; and

That pending final resolution of the action presently before the Carroll County superior court, the New Hampshire department of transportation is also urged to seek modification of any and all permits, as authorized and described in Army Corps of Engineers regulation number 33CFR325.7 (revised July 1, 2002), necessary to remove the widening part of phase 5-A from the Conway bypass project while continuing with the other phases; and

That the house clerk send copies of this resolution to the governor, the executive council and the commissioner of the department of transportation.