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1995 New Hampshire Attorney General Reports and Opinions 1 (1995)

handle is hein.sag/sagnh0018 and id is 1 raw text is: DEPARTMENT OF JUSTICE STATE OF NEW HAMPSHIRE 33 CAPITOL STREET CONCORD, NEW HAMPSHIRE 03.901-6397 JEFFREY R. HOWARD ATFORNEY GENERAL DEPUTY AIORNEY GENERAL November 28, 1995 Mark W. Richardson, Administrator Bureau of Right-of-Way Department of Transportation Hazen Drive Concord, New Hampshire 03301 Re: New England Power Company Limited Access Right-of-Way Line Dear Mr. Richardson: This opinion is being issued in response to your request, prompted by the concerns of New England Power Company (NEP). You asked whether the clause, reprinted below, in the State's Declaration of Taking for a part of NEP's land, will permit NEP to cross our Limited Access Right-of-Way line in order to service their power lines and related facilities. Briefly, the answer is that it will. The land in question is adjacent to the intersection of Routes 101 and 114 in Bedford. The Department of Transportation acquired, by Declaration filed on May 23, 1994, a strip of land owned by NEP, in order to widen Route 114. We also took all rights of access to Route 114 in that area, EXCEPTING AND RESERVING unto New England Power Company, its successors and assigns, the perpetual right and easement to construct, reconstruct, repair, maintain, operate and patrol, for the transmission of high and low voltage electric current and for transmission of intelligence, lines of towers or poles or both (which may be erected at different times) with wires and cables strung upon and from the same and all necessary foundations, anchors, guys, braces, fitting, equipment and appurtenances over, across and upon the property above described; provided, however, that said Company shall not place any structures upon said land which would interfere with the use of said land for drainage and slope stabilization purposes for Route 114 as shown on )'EXHIBIT A. Telephone 603-271-3658 * FAX 603-271-2110 * TDD Access: Relay N9 1.800.735-2984