Section 40-2324 – AUTHORIZATION AND COMPENSATION FOR MAINTENANCE OF PUBLIC HIGHWAYS.
40-2324. AUTHORIZATION AND COMPENSATION FOR MAINTENANCE OF PUBLIC HIGHWAYS. Whenever any nongovernmental entity desires to maintain all or part of a public highway or public right-of-way and desires to receive compensation for such maintenance may petition the appropriate public highway agency for approval. The highway agency shall consider said petition and after reviewing the pertinent […]
Section 40-2309 – RAILROAD CROSSINGS.
40-2309. RAILROAD CROSSINGS. Whenever highways are laid out to cross railroads on public lands, the owners or corporations using the same highway shall, at their own expense, so prepare the highway that it may cross without danger or delay, and when the right-of-way for a public highway is obtained through the judgment of any court, […]
Section 40-2310 – CATTLE GUARDS ACROSS ROADS — LANDOWNER’S RIGHT TO CONSTRUCT — GATES.
40-2310. CATTLE GUARDS ACROSS ROADS — LANDOWNER’S RIGHT TO CONSTRUCT — GATES. (1) The owner, or lessee of any land crossed by any highway, except highways maintained by the department, who encloses the land with a lawful fence, shall, with the consent of the commissioners, highway district commissioners, or other governing body having jurisdiction over […]
Section 40-2311 – PENALTY FOR DEFACING OR DESTROYING SIGNS, SIGNPOSTS OR FACILITIES.
40-2311. PENALTY FOR DEFACING OR DESTROYING SIGNS, SIGNPOSTS OR FACILITIES. It shall be unlawful for any person to deface or destroy any signs, signposts, guideposts, or any inscription on them, or facilities erected by or under the direction of the board, a director of highways, county, or highway district commissioners. Any person found guilty shall […]
Section 40-2312 – WIDTH OF HIGHWAYS.
40-2312. WIDTH OF HIGHWAYS. (1) Where the width of a highway is stated in the plat, dedication, deed, easement, agreement, official road book, determination or other document or by an oral agreement supported by clear and convincing evidence that effectively conveys, creates, recognizes or modifies the highway or establishes the width, that width shall control. […]
Section 40-2313 – TRAILS FOR LIVESTOCK — LAYING OUT — RULES CONCERNING USE — PENALTY.
40-2313. TRAILS FOR LIVESTOCK — LAYING OUT — RULES CONCERNING USE — PENALTY. (1) County or highway commissioners are authorized to lay out highways or designate existing highways, within their respective jurisdictions, to be used as trails for livestock. These highways may be of a width as determined by the respective commissioners, and they may […]
Section 40-2314 – PASSAGEWAYS FOR STOCK.
40-2314. PASSAGEWAYS FOR STOCK. Passageways for stock passing beneath any highway must be bridged with suitable plank not less than eighteen (18) feet in length, and it shall be lawful for the fences of either side to converge to the bridge over the passageway. The passageway must be kept securely bridged and in good repair […]
Section 40-2315 – DAMAGE TO HIGHWAYS OR DITCHES BY LIVESTOCK.
40-2315. DAMAGE TO HIGHWAYS OR DITCHES BY LIVESTOCK. (1) Any person owning livestock or an employee or agent of the owner of livestock, who shall drive, range or graze the livestock along or across the public highways or ditches, or who shall permit them to range or graze along or across public highways or ditches, […]
Section 40-2316 – PRIVATE HIGHWAYS — ESTABLISHMENT.
40-2316. PRIVATE HIGHWAYS — ESTABLISHMENT. Private highways may be opened for the convenience of one or more residents of any county highway system or highway district in the same manner as public highways are opened, whenever the appropriate commissioners may order the highway to be opened. The person for whose benefit the highway is required […]
Section 40-2317 – REMOVAL OF FENCES.
40-2317. REMOVAL OF FENCES. When the alteration of an old or the opening of a new highway makes it necessary to remove fences on land given, purchased or condemned by order of a court for highway purposes, notice to remove the fences shall be given by the director of highways to the owner, his occupant, […]