Section 40-2323 – ABATEMENT OF FLOODING OF HIGHWAYS — RIGHT OF ENTRY — COURT ACTION FOR ABATEMENT.
40-2323. ABATEMENT OF FLOODING OF HIGHWAYS — RIGHT OF ENTRY — COURT ACTION FOR ABATEMENT. (1) If the owner or occupant of land lying adjacent to or near any highway laid out or constructed, or any other person, shall maintain or cause to be maintained, or allow any dam, dike, or levee across any swale, […]
Section 40-2307 – REMOVAL OF FALLEN TREES.
40-2307. REMOVAL OF FALLEN TREES. Any person may notify the occupant or owner of any land from which a tree or other obstruction has fallen upon any highway to remove the tree or obstruction. If it is not removed, the owner or occupant is liable to a penalty of ten dollars ($10.00) for every day […]
Section 40-2308 – CORPORATIONS MAY LAY TRACKS AND WATER MAINS.
40-2308. CORPORATIONS MAY LAY TRACKS AND WATER MAINS. Every gas, water, or railroad corporation has the power to lay conductors and tracks through the public ways and squares in any city with the consent of the city authorities, and under reasonable regulations and for just compensation, as the city authorities and the law prescribe. History: […]
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, […]