Road to Acceptance

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Hersh v.

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Plonski , N. In discussing implied dedication and acceptance of highways, the Court cited State v.

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Atherton , 16 N. The opinion thoroughly reviews the evolution of this ancient doctrine from English common law through New Hampshire cases of the early 19th Century. Dedication could be proven by some act indicating an intention to dedicate, such as fencing land in a manner suitable for a highway and permitting the public to use it.

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The Court discussed several examples of acts that could constitute acceptance of a road as a public highway, with the accompanying responsibility to maintain it thereafter in a suitable condition for public travel:. Legislature Abolishes Common Law - The leading case concerning implied dedication and acceptance dates from because in the legislature abolished dedication and acceptance as a method for creating public highways.

Revised Statutes The elimination of dedication and acceptance by the legislature was said to substitute "a definite and simple rule for one that was uncertain and perplexing. Morse , 50 N. For the next years, highways could be created only by the layout process or 20 years' public use.

Legislature Enacts Statute - Dedication and acceptance was re-introduced by statute in , when the legislature enacted it as an alternative to the laborious layout process and the prolonged and haphazard prescription method.

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It has functioned as the principal means of highway creation, as described above, ever since. However, municipal officials must also remain aware that, under Hersh v.

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Plonski , the term "dedication and acceptance" still retains its common law meaning. Maintenance of a Private Road Implies Acceptance as a Public Highway Just about every town and city in New Hampshire has houses situated on private roads that are open to public use and thereby dedicated as potential highways. Some private roads predate municipal planning; for example, the lakeside camp developments dating from the first half of the 20th Century, many of which now have winterized year-round dwellings.

Other private roads are modern roads installed in subdivisions that are still under development. In both cases, residents are apt to request municipal snowplowing and summer maintenance to keep the roads passable.

Municipal officials may feel an obligation to provide services out of concern for public safety and a sense of fairness toward fellow taxpayers. Clapp v. Jaffrey , 97 N. The doctrine of implied acceptance of public highways, revived by Hersh v.

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Plonski , intensifies the legal risks associated with public maintenance of private roads. Inasmuch as private road maintenance is not authorized in the first place, when a town, nevertheless, performs such work, it can readily be viewed as evidence of implied acceptance of that private road as a public highway. Recommendations When dealing with private roads, municipal officials must keep in mind the elements of common law implied acceptance of highways.

It is not enough that the usual practice is to accept roads by town meeting vote. Municipal officials should refrain from maintaining private roads and at all times make clear that they a do not regard a private road as a public highway and b do not intend by their actions to accept it as public.

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If officials insist on some limited maintenance of private roads, the following may help to prevent implied acceptance:. For its part, the legislature may wish to consider whether to clarify the meaning of "dedication and acceptance" in RSA Implied acceptance by repair, maintenance, police patrols and the like would seem inconsistent with the deliberate planning for acceptance of highways envisioned by RSA Prescription as a method of unplanned highway creation was abolished by the legislature in It may now be time to abolish implied acceptance of highways.

Their existence no longer seems as thrilling to them as when they were younger and their life was simpler. At a young age, we live our life with such naivety that it almost becomes beautiful.

When I was 14, life seemed easier to me. The number of operations in my medical file appeared totally normal and my bag was just an integral part of my body.

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Over the years, I lost my self-confidence little by little. I began to look at myself in the mirror hanging on my wall and to hide myself more and more under a ton of clothes. Slowly, I stopped loving my scarred body. I wondered if I should be ashamed of having stopped loving myself.

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Concerns, doubts, fears and desperation are the enemies of our own acceptance. That leads me to ask you if you really love yourself.