§ 794. Highway near but not on line between towns (a) When the public good or the convenience of the inhabitants requires a highway to be laid out, reclassified, or altered so that it shall be near the line between two towns instead of on the town line, on account of the position of the land or nature of the soil over which it is laid, and, when both towns are benefited in a similar manner as though the highway were on the line, the highway may be laid out, reclassified, or altered by the selectboard or the Superior Court, on the report of commissioners. The damages and expenses of making and repairing the highway may be apportioned and the same proceedings shall be followed as provided in case of laying out, reclassifying, and altering highways on the line between two towns. (b) When the selectboards of the towns are petitioned as provided in this chapter and do not lay out, alter, reclassify, or discontinue a highway on or near a line between two towns, individuals who are either voters or landowners, and whose number is at least five percent of the voters, of the towns may apply to the Superior Court. The court shall inquire and render judgment using the same proceedings as in the case of a highway extending into or through two or more towns. The court may inquire of and receive recommendations from a commissioner or commissioners, but the court shall issue the order. The court shall direct in its order which part of the highway each town shall make, repair, or reclassify, and what damages shall be paid by each, if a highway is made or altered.
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