§ 301. Definitions

As used in this chapter:

(1) “Discontinued highway” means a previously designated class 1, 2, 3, or 4 town highway as to which, through the process of discontinuance, all rights have been reconveyed to the adjoining landowners.

(2) “Legislative body” includes boards of selectmen, aldermen, and village trustees.

(3) “Selectmen” includes village trustees and aldermen.

(4) “Pent road” is any town highway that, by written allowance of the selectmen, is enclosed and occupied by the adjoining landowner with unlocked stiles, gates, and bars in such places as the selectmen designate.

(5) “Throughway” means a highway specially designated giving traffic traveling on the throughway the right of way at all intersections.

(6) “Town” includes incorporated villages and cities.

(7) “Town highways” are class 1, 2, 3, and 4 highways:

(A) that the towns have authority to exclusively or cooperatively maintain; or

(B) that are maintained by the towns except for scheduled surface maintenance performed by the Agency pursuant to section 306a of this title.

(8) “Trail” means a public right-of-way that is not a highway and that:

(A) previously was a designated town highway having the same width as the designated town highway, or a lesser width if so designated; or

(B) a new public right-of-way laid out as a trail by the selectmen for the purpose of providing access to abutting properties or for recreational use. Nothing in this section shall be deemed to independently authorize the condemnation of land for recreational purposes or to affect the authority of selectmen to reasonably regulate the uses of recreational trails. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1991, No. 47, § 1; 2009, No. 50, § 89.)