Article 44

Article 44:
Baboosic Greenway Rail/Trail: Right-Of-Way Easement Process Including Acquisition by
Eminent Domain and Project Delivery Reaffirmation – Petition Warrant Article

Warrant Article Language

To see if the Town will vote, pursuant to RSA 39:3, to direct Amherst, New Hampshire Town officers and employees to implement the previously approved Baboosic Greenway Rail Trail Project segment commonly known as North 02 (NHDOT Project No. 42593) and the Town’s executed agreements with NHDOT, to the fullest extent permitted by law, up to and including condemnation of private property pursuant to the Eminent Domain Procedures Act (RSA 498-A). And further, to reaffirm that the Baboosic Greenway Rail Trail Project segment commonly known as North 02 shall continue to be advanced and delivered as previously approved, authorized, and funded by the voters of Amherst under Article 35 (2024) and Article 35 (2025) and consistent with the Town’s executed agreement(s) with the New Hampshire Department of Transportation (NHDOT) for the shared-use path (“rail trail”) connection between Baboosic Lake Road and Walnut Hill Road, generally along the abandoned Milford & Manchester Branch railroad bed, including the Meeting Place Mall spur as described in Article 35 (2024); and further to authorize the Select Board, Town Administrator, and Department of Public Works to manage and complete the Project’s right-of-way easement acquisition in accordance with the applicable federal requirements and the NHDOT Local Public Agency Manual, as amended, or any successor guidance applicable to this Project, including identification of required property interests, appraisals/valuations as required, documented good-faith negotiations with landowners, including offers of just compensation where appropriate, and if deemed appropriate timely escalation to NHDOT for right-of-way easement assistance when voluntary acquisition is not achieved; and further, to ask that the Town shall not pursue a “no-build” outcome or a material scope or purpose reduction that results in an incomplete connection (i.e., isolated end segments with a gap preventing practical through travel), except where approved by NHDOT or a federal funding agency; and further to require the Select Board to provide quarterly public status updates on the projects.

Failure of this article shall not be construed to amend, rescind, or otherwise diminish the prior authorizations and appropriations approved under Article 35 (2024) and Article 35 (2025), nor the Town’s obligations under its executed agreement(s) with NHDOT. (No tax impact) (Majority vote required)

The Board of Selectmen supports this article by a vote of 0-5-0.