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Questions and Answers
According to the definition in Section 259:125, which of the following areas is generally considered a 'way'?
According to the definition in Section 259:125, which of the following areas is generally considered a 'way'?
- A river used for recreational boating.
- A privately owned forest road used primarily for logging.
- A railroad track used for commercial transport.
- A public park. (correct)
A business provides a parking lot solely for its customers. Under what condition would this parking lot be defined as a 'way' according to Section 259:125?
A business provides a parking lot solely for its customers. Under what condition would this parking lot be defined as a 'way' according to Section 259:125?
- If the parking lot is located next to a public highway.
- If the parking lot is maintained primarily for the benefit of paying customers. (correct)
- If the parking lot has more than 100 parking spaces.
- If the parking lot is open to the public 24 hours a day.
A road has been used by the public for travel for 15 years. Does this meet the criteria to be considered a 'way' under the general definition provided in Section 259:125?
A road has been used by the public for travel for 15 years. Does this meet the criteria to be considered a 'way' under the general definition provided in Section 259:125?
- Yes, any road used for public travel is automatically considered a 'way'.
- No, the road must be used for public travel for 20 years to meet the criteria. (correct)
- Yes, if the local authorities have officially designated it as such.
- No, the road must be used for public travel for at least 25 years.
According to paragraph II of Section 259:125, which type of way is explicitly included for the purposes of RSA 265:71, IV, RSA 265:79, RSA 265-A:2, I, RSA 265-A:3, RSA 265-A:4, RSA 265-A:25, and RSA 265-A:31?
According to paragraph II of Section 259:125, which type of way is explicitly included for the purposes of RSA 265:71, IV, RSA 265:79, RSA 265-A:2, I, RSA 265-A:3, RSA 265-A:4, RSA 265-A:25, and RSA 265-A:31?
What is the key distinction between the general definition of "way" in Paragraph I (effective until January 1, 2025) and the specifications outlined in Paragraph II?
What is the key distinction between the general definition of "way" in Paragraph I (effective until January 1, 2025) and the specifications outlined in Paragraph II?
Effective January 1, 2025, what additional element is included in the definition of 'way' under Paragraph I?
Effective January 1, 2025, what additional element is included in the definition of 'way' under Paragraph I?
For what specific purpose does Paragraph III of Section 259:125 define 'way' effective January 1, 2025?
For what specific purpose does Paragraph III of Section 259:125 define 'way' effective January 1, 2025?
What differentiates the 'way' definition in Paragraph III from that of Paragraph I concerning the physical characteristics of the land?
What differentiates the 'way' definition in Paragraph III from that of Paragraph I concerning the physical characteristics of the land?
How does the definition of 'way' in Section 259:125 generally apply to areas maintained by public institutions using state funds?
How does the definition of 'way' in Section 259:125 generally apply to areas maintained by public institutions using state funds?
A private road is not laid out under the authority of a statute, nor maintained by a public institution, but has been used by the public for 25 years. Is this road considered a 'way' under Section 259:125?
A private road is not laid out under the authority of a statute, nor maintained by a public institution, but has been used by the public for 25 years. Is this road considered a 'way' under Section 259:125?
What is the primary factor that determines whether a parking lot is considered a 'way' under Section 259:125?
What is the primary factor that determines whether a parking lot is considered a 'way' under Section 259:125?
How does the definition of 'way' distinguish between roads leading to toll bridges or ferries and other public travel routes?
How does the definition of 'way' distinguish between roads leading to toll bridges or ferries and other public travel routes?
Which situation would NOT qualify an area as a 'way' under the general definition provided in Section 259:125, paragraph I?
Which situation would NOT qualify an area as a 'way' under the general definition provided in Section 259:125, paragraph I?
For the specific purposes outlined in RSA 265:71, IV, RSA 265:79, RSA 265-A:2, I, RSA 265-A:3, RSA 265-A:4, RSA 265-A:25, and RSA 265-A:31, how does the inclusion of privately owned ways open for public use affect law enforcement?
For the specific purposes outlined in RSA 265:71, IV, RSA 265:79, RSA 265-A:2, I, RSA 265-A:3, RSA 265-A:4, RSA 265-A:25, and RSA 265-A:31, how does the inclusion of privately owned ways open for public use affect law enforcement?
A rural, unpaved road has been maintained by local residents for public access to a recreational area for 22 years, but without formal government oversight. Is this road considered a 'way'?
A rural, unpaved road has been maintained by local residents for public access to a recreational area for 22 years, but without formal government oversight. Is this road considered a 'way'?
A shopping mall maintains an outdoor area with walkways and seating for public use. Is this area considered a 'way' under Section 259:125?
A shopping mall maintains an outdoor area with walkways and seating for public use. Is this area considered a 'way' under Section 259:125?
An individual owns a large plot of land and allows the public to cross it to access a popular fishing spot. This path has been used for 30 years. Is this path considered a 'way'?
An individual owns a large plot of land and allows the public to cross it to access a popular fishing spot. This path has been used for 30 years. Is this path considered a 'way'?
A university maintains several walking paths across its campus that are open to the public. The university receives state funding. Are these paths considered a 'way'?
A university maintains several walking paths across its campus that are open to the public. The university receives state funding. Are these paths considered a 'way'?
A parking area is available for both employees and customers of a business. Under what condition is it defined as a 'way' according to Section 259:125?
A parking area is available for both employees and customers of a business. Under what condition is it defined as a 'way' according to Section 259:125?
A private road provides access to a historical landmark and has been open to the public for 25 years, but is poorly maintained. Is this road considered a 'way'?
A private road provides access to a historical landmark and has been open to the public for 25 years, but is poorly maintained. Is this road considered a 'way'?
Flashcards
What is a 'Way'?
What is a 'Way'?
The entire width between boundary lines of public or private ways, including highways, streets, alleys, parks, and parking lots maintained for paying customers.
Definition of 'Way' for specific RSAs
Definition of 'Way' for specific RSAs
Public highways, streets, avenues, roads, alleys, parks, parking lots or parkways; private ways laid out under authority of statute; ways provided/maintained by public institutions using state funds; privately owned/maintained ways open for public use; and private parking lots maintained for the public.
Definition of 'Way' for RSA 263:64
Definition of 'Way' for RSA 263:64
Any unimproved land between the boundary lines and the maintained portion of the roadway.
'Way' based on usage
'Way' based on usage
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Study Notes
- N.H. Rev. Stat. § 259:125 defines "way" within the context of motor vehicle laws.
Definition of "Way" (Effective until January 1, 2025)
- "Way" refers to the entire width between boundary lines of public highways, streets, avenues, roads, alleys, parks, or parkways.
- It includes private ways laid out under statutory authority.
- It also encompasses ways provided and maintained by public institutions using state funds for public use.
- "Way" includes routes used for public travel for 20 years, excluding those to/from toll bridges or ferries.
- Public or private parking lots maintained primarily for paying customers are also considered "ways".
Definition of "Way" (Effective January 1, 2025)
- This definition includes the elements of the prior definition.
- It adds paragraph III.
Specific References to "Way"
- RSA 265:71, IV, RSA 265:79, RSA 265-A:2, I, RSA 265-A:3, RSA 265-A:4, RSA 265-A:25, and RSA 265-A:31 relate to specific applications of the "way" definition.
- These sections apply to public highways, streets, avenues, roads, alleys, parks, and parkways.
- They also apply to private ways laid out under statute and ways maintained by public institutions using state funds.
- Privately owned and maintained ways open to the public, and private parking lots including those at commercial establishments for public benefit are included.
Unimproved Land (Effective January 1, 2025)
- RSA 263:64 applies to any unimproved land between the boundary lines and the maintained portion of the roadway.
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