State Right of Way in Alton

[mcdude]

From the Baysider Oct. 2 - Selectman's Meeting Notes

State right of way

Bailey told the board it was one year ago this past July that the state of New Hampshire informed Alton they would be enforcing their right of way on both sides of Route 11 through a section of Alton Bay.
The state filed with the register of deeds all of the property owners who were encroaching on their property.
Currently, according to Bailey, landowners were being notified by their mortgage companies that part of the buildings, on which they carry a mortgage, is on land owned by the state.
He stated this will have an impact on the assessed value of the property.
Additionally, this impacts boathouses and septic systems as well. Bailey stated people will have a difficult time getting a mortgage.
"[You] can not adverse possess government land, includes our lands," said Bailey telling the board he would provide them with more information on the issue in the future.
Bailey

Would this be the old railroad right of way? What exactly are the ramifications of having a boathouse or septic system on state land?

[tis]

That seems a strange way to go about notifying the people. Why wouldn't they just send letters to the people themselves, not the register of deeds to the mortgage company to the people. That seems a really round about way of doing things. Is that typical? Or am I not understanding the way they did it?

[ghfromaltonbay]

Friends of ours who live along Route 11 in Alton Bay did receive direct notification from the state complete with maps showing the encroachments on the state right-of-way. If I remember correctly the right-of-way was 45 feet from the center of Route 11 on both sides. Interestingly, the last room #12 of Sandy Point Beach motel is actually on the edge of the right-of-way. The owners have known this for years, and I don't know if they were grandfathered.

[BroadHopper]

My Dad was informed by the state of NH that NH never relinquished the railroad right of way back in the 80's when the Winnipesaukee Basin project was installing a sewer line along the old Winni railroad bed. Neighbors had to remove any obstacles along that bed for the sewage line to be installed. Fortunately for my Dad, he did not build anything on the bed but rather use it as the front lawn. The project ran out of money and the grants were never renewed. The sewage line stop short of Ames Farm.
The original plan was to install a sewage line around the lake. Folks who have built on the old bed is going to realize at some point in time, they will need to remove anything on the old bed. I really feel sorry for those folks who have actually built beautiful homes on the railroad beds along Rte 11. If you notice no one build on the railroad beds in Gilford as the sewage line is underneath.
A friend on my Dad who owns property in Alton near the Wise Owl tried to get the governor to release the right of way back in the 90's so he can build. The governor did not want to get involved.
This is why it makes sense to start a 'rail trail' project to connect Alton to the WOW trail in Laconia. I think the owner of the Wise Owl was looking into this but faced huge opposition by the abutting landowners. This should be a priority as everyone knows foot and bike traffic on Rte 11 is dangerous!

Some of the landowners, my dad included, argued that if the state do in fact 'own' the land, they should be compensation on their tax bill. The response was 'right of way' does not constitute ownership but rather the state is allowed to use the land as it sees fit. You can however 'rent' the land to whoever uses the land. Unfortunately the River Basin project does not pay rent. I have property in Hooksett that the railroad uses as well as the gas company for a gas pipe and Fairpoint for a fibre optic line. There was a class action lawsuit back in the early 2000's to make the utilities pay rent. I've yet to see a dime.

[SIKSUKR]

Why would you build on the states row? Did the state lease this row to the abutters to allow them to build? If not then I don't have much sympathy here. Whats the deal?

[Slickcraft]

Originally Posted by mcdude

Would this be the old railroad right of way? What exactly are the ramifications of having a boathouse or septic system on state land?

In the Bay, the town owns the old RR land that now includes the parking lot etc. At issue is the land +/- some distance from rt 11 center line as noted by ghfromaltonbay. One such issue may be on the west side going north out of the Bay where walls were build in front of four rebuilt units a few years ago.

No idea why the state is pressing the issue now. Sounds like a protracted legal battle ahead with probably no winners, state or property owners. Well, excepting the lawyers.

[ghfromaltonbay]

Originally Posted by Slickcraft

In the Bay, the town owns the old RR land that now includes the parking lot etc. At issue is the land +/- some distance from rt 11 center line as noted by ghfromaltonbay. One such issue may be on the west side going north out of the Bay where walls were build in front of four rebuilt units a few years ago.

I noticed this summer that part of the new wall Slickcraft cited was partially removed. The owner of these units has had several issues besides the wall (e.g. too many bedrooms based on septic limits) and it was years before these dwellings were finally occupied. I don't know why these walls were constructed as they make plowing or deliveries by larger trucks for such things as furniture very difficult. I also noticed that the part of the wall removed had enclosed a utility pole within the driveway area. Perhaps the utility that owned the pole took issue and that is why this section of the wall was taken away and the state got involved. That corner of the wall was the closest section to Route 11.