THE STATE OF NEW HAMPSHIRE
DEPARTMENT OF TRANSPORTATION
City of Nashua v. Pan Am Railways, Inc.
Docket # 2016-07
ORDER
By agreement of the parties the Commissioner orders as follows:
1. The grade crossing located at Hills Ferry Road is Nashua, New Hampshire is determined
to be a public crossing.
2. No safety or other upgrades to the crossing are necessary at this time.
3. It is anticipated by the parties that if passenger rail is ever instituted over this rail line,
any needed upgrade to the Hills Ferry Road crossing will be handled and expenses borne
in the same manner as upgrades to the rail line and to other crossings. Otherwise, if
upgrades became necessary in the future due to increased rail, automotive, or pedestrian
traffic or due to changes in the nature of such traffic, and the expense of such upgrades
are not to be borne by whatever third parties contributed to such need, then Nashua shall
be responsible for the provision of such upgrades and Pan Am shall be responsible for the
costs of maintenance of such upgrades thereafter.
So ordered.
Date Commissioner
Department of Transportation
