The commissioner of transportation must build, operate, and maintain the toll highway, with governor and council approval for the initial location and construction.
The commissioner of transportation, with the approval of the governor and council, shall locate and construct a continuous highway from a point on the Massachusetts-New Hampshire boundary in the town of Seabrook to a point on the New Hampshire-Maine boundary in the city of Portsmouth, and from the Portsmouth traffic circle in the city of Portsmouth to a point in the vicinity of the town of Milton, and shall operate and maintain said highway as a toll road as hereinafter provided. I. Determine the location of the aforesaid toll road and fix the width of its right-of-way. II. Acquire in the name of the state by purchase or by exercise of the right of condemnation as provided by statute such lands, property, rights, easements and interests as may be deemed necessary for carrying out the provisions of this subdivision. III. Designate the locations and establish, limit and control such points of ingress to and egress from the toll road as may be necessary or desirable to ensure the proper operation of the toll road and to prohibit ingress to or egress from the toll road at any points not so designated. IV. Permit toll-free use of certain sections of the toll road if it is for the public good. V. Construct grade separations at intersections of the toll road with public roads and private ways, and change and adjust the lines and grades of such roads and ways so as to accommodate the same to the design of such grade separations and to the design of the toll road. VI. Construct, operate and maintain the toll road within the compact areas of cities and towns. VII. Grant permits or licenses to any corporation or person to place and maintain along, on, under or within the toll road ducts, pipes, pipelines, poles, wires or other structures, to be so located as not to be unsightly and not to interfere with the safe and convenient operation and maintenance of the toll road, and may contract with any such corporation or person for such permits or licenses on such terms and conditions as may be deemed necessary for carrying out the provisions of this subdivision. The appearance, construction, maintenance and repairs of any such ducts, pipes, pipelines, poles, wires or other structures shall be subject to such directions and regulations as may be imposed. VIII. Establish a temporary turnpike engineering section for the period of design and construction of the toll road, assign permanent employees of the department of transportation to duties and positions in said section and employ such engineers and assistants as may be necessary on a temporary basis for said period of design and construction. The costs of said turnpike engineering section shall be a charge against the funds made available under the subdivision. IX. Enter into contractual relations on behalf of the state. X. Do and perform all such acts as are necessary for the public good. XI. Cause periodic traffic and economic studies to be made of the operation of the aforesaid toll road. XII. Make periodic studies of possible extensions or additions to said toll road. XIII. Employ such assistants, engineers or consulting services as may be necessary to carry out the provisions of paragraphs XI and XII of this section. The expense of the said studies shall be a charge upon the fund established under RSA 237:24 and, upon approval by the legislature, to extend said turnpike when recommendations of independent recognized consultants indicate that such extensions are economically feasible. XIV. Construct a service road along the easterly side of the eastern New Hampshire turnpike, at a point commencing at the southerly side of Echo avenue in the city of Portsmouth, and running northerly to the southerly side of Gosling road in said Portsmouth, with access to the service road from land abutting the service road on the east; providing that all land required for such roads shall be provided without cost to the state, that all claims against the state as a result of construction of the Spaulding turnpike and the service road shall also be waived by said landowners and further provided that a sufficient balance from the funds established for the construction of the Spaulding turnpike to provide such access road shall be available on completion of the project; XV. [Repealed.] Further provided that upon completion of said service road, it be accepted by the city of Portsmouth and thereafter it will keep and maintain said service road without expense to the state of New Hampshire. Source: Source. 1947, 295:1, 2, 3. 1951, 21:1. 1953, 237:1, par. 1. RSA 256:1. 1955, 304:1. 1981, 87:1. 1985, 16:4; 402:6, I(b)(8). 1987, 403:5. 1996, 95:1, II. 2004, 257:34, eff. June 15, 2004. 2009, 144:74, eff. July 1, 2009.