I. No railroad shall tear up and remove or discontinue the use of any portion of its tracks other than spur, industrial or storage tracks, or curtail any part of its service to the public without notice to the department and such notice to the public as the department may direct. Upon complaint or upon its own motion, the department may investigate the reasonableness of the proposed action. Whenever a railroad has been authorized by proper authority to abandon a line, the department, after hearing, may issue an order requiring the removal of rails, ties and structures, at public highway crossings and the removal of piles, bents or piers in rivers and streams that may contribute to holding debris, and require the filling and repaving of the highway. The cost of such removal, fill and repaving shall be apportioned between the railroad, town, city and state as the department shall direct.
II. Any person who violates the provisions of this section or any order of the department issued pursuant to this section shall be guilty of a class B felony if a natural person or guilty of a felony if any other person.

Attorney's Note

Under the New Hampshire Revised Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class B felonyup to 7 yearsup to $4,000
For details, see N.H. Rev. Stat. 651:2

Terms Used In New Hampshire Revised Statutes 367:46-a

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
  • state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4