Any person aggrieved by the doings of the selectmen in laying out a highway may, within one hundred twenty days after the survey thereof has been accepted by the town, apply to the superior court for the judicial district in which such town is located for relief, causing such selectmen to be cited to show cause why such relief should not be granted. Such application shall be heard and determined by a committee of three disinterested persons to be appointed by the court. If such committee finds that such highway is not of common convenience and necessity, said court shall set aside such layout, and, if said court sets aside such layout, the costs shall be paid by the town; but, if such committee finds that such highway is of common convenience and necessity, the application shall be dismissed with costs. The report of such committee may be set aside by the court for any irregularity or improper conduct on its part. Proceedings under this section shall not prevent or delay the opening or occupation of such highway.

(1949 Rev., S. 2139; 1958 Rev., S. 13-23; 1963, P.A. 226, S. 62; 570, S. 2; P.A. 76-436, S. 332, 681; P.A. 78-280, S. 1, 127; P.A. 15-147, S. 2.)

History: 1963 acts provided that proceedings under section “shall not prevent or delay the opening or occupation” of a highway and restated previous provisions: See title history; P.A. 76-436 substituted superior court for court of common pleas and added reference to judicial districts, effective July 1, 1978; P.A. 78-280 deleted reference to counties; P.A. 15-147 changed appeal period from 8 months to 120 days.

Procedure under section. 25 C. 597. In fixing width of highway, existing public use of adjoining land may be considered. 38 C. 526. History of section. 73 C. 504. Court should determine issues other than public convenience and necessity before submission to committee. 93 C. 377. Discontinuance of highway does not become final until time for appeal has elapsed. Id., 379. Town may rescind vote to discontinue during this period. Id., 380. Regularity of proceedings affecting layout presumed after 40 years. 95 C. 326. Appeal to supreme court of errors dismissed for lack of final judgment as committee had not yet determined basic question of common convenience and necessity. 148 C. 109. Cited. 150 C. 374; 158 C. 277; 188 C. 336.

Cited. 27 CS 469.