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, […]
Section 40-2318 – TURNING HIGHWAYS ACROSS PRIVATE LANDS.
40-2318. TURNING HIGHWAYS ACROSS PRIVATE LANDS. If any person, through whose land any public highway is established, is desirous of turning the highway through any other part of his land, that person may, by petition, apply to the appropriate commissioners to permit him to turn the highway through another part of his land without materially […]
Section 40-2303 – PUBLIC USE OF PRIVATE DAM OR BRIDGE.
40-2303. PUBLIC USE OF PRIVATE DAM OR BRIDGE. No right shall be deemed to have vested in the public for highway or other purposes, where free use may be granted to the public to a right-of-way for the purposes of travel, over and upon any dam or bridge constructed over and across any of the […]
Section 40-2319 – ENCROACHMENTS — REMOVAL — NOTICE — PENALTY FOR FAILURE TO REMOVE — REMOVAL BY COUNTY OR HIGHWAY DISTRICT — ABATEMENT.
40-2319. ENCROACHMENTS — REMOVAL — NOTICE — PENALTY FOR FAILURE TO REMOVE — REMOVAL BY COUNTY OR HIGHWAY DISTRICT — ABATEMENT. (1) If any highway or public right-of-way under the jurisdiction of a county or highway district is encroached upon by gates, fences, buildings, or otherwise, the appropriate county or highway district may require the […]
Section 40-2304 – CONSTRUCTION OF SIDEWALKS.
40-2304. CONSTRUCTION OF SIDEWALKS. Any owner or occupant of land may construct a sidewalk on the highway along the line of his land subject to authority conferred by law on the respective highway or county commissioners and the director of highways. Any person using the sidewalk with a horse or team without permission of the […]