Attorney General Formella Files Lawsuit to Remove Concrete Barriers Blocking the Northern Rail Trail in Andover, New Hampshire

Concord, NH - Attorney General John M. Formella announces that the Department of Justice ("DOJ") has filed a Complaint in Merrimack County Superior Court against Leonard Caron of Andover, New Hampshire alleging trespass, nuisance, and negligence after he placed concrete barriers and blocked access to a portion of the Northern Rail Trail (the "Rail Trail") in Andover. The DOJ is seeking an expedited injunction against Caron to remove the concrete barriers and re-open the Rail Trail to the public pending resolution of the lawsuit.

Caron is the owner of several parcels abutting the Northern Rail Corridor (the "Corridor"). The Corridor was laid out as a right-of-way by the Railroad Commission in 1844, and the Department of Transportation ("DOT") took full ownership of the Corridor pursuant to a 1991 statute, RSA 228:60-a, V. At approximately 58 miles long, the Northern Rail Trail (the "Rail Trail") is the longest rail-to-trail conversion in the State, and it has been managed by the Department of Cultural and Environmental Resources ("DNCR") since 1998.

In early 2026, DOT became aware of evidence that Caron was driving vehicles from his abutting parcels into the Rail Trail, including over a railroad bridge. Because vehicles are prohibited on the Rail Trail and the bridge is not safe for such use, in March 2026, DOT sent Caron a cease-and-desist. Caron, through counsel, refused this demand and challenged DOT's authority to operate a Rail Trail in the Corridor. DOT responded with the grounds for its authority and renewed its demand that Caron cease dangerous vehicular use in the Corridor. In retaliation, over Memorial Day Weekend, Caron erected concrete barriers to prevent members of the public from accessing a one-mile portion of the Rail Trail. In doing so, Caron used heavy excavating machinery in order to pull up a portion of the historical railroad ties running alongside the Rail Trail.

The civil complaint sets forth the historical and statutory basis for DOT's ownership of the Rail Corridor and asserts three theories in the alternative for why DOT possesses the authority to operate the Rail Trail thereon. It seeks to quiet title to the Rail Corridor and obtain a judicial declaration of DOT's ownership. Additionally, the complaint sets forth claims for trespass, nuisance, and negligence seeking damages for Caron's destruction of DOT's property and interference with the Rail Trail. With its complaint, DOJ has asked the court to issue expended injunctive relief to reopen the rail trail to the public.

The complaints and the allegations contained herein are merely accusations that DOJ must prove at trial.