US Lawyer Database

60-6-101. Highway encroachments — permit — immediate removal

60-6-101. Highway encroachments — permit — immediate removal. (1) If a commission-designated highway system or state highway is encroached on by an obstruction, device, or object placed within the right-of-way limits, including a fence, building, structure, sign, marker, mailbox, newspaper delivery box, or driveway approach, or is obstructed by physical occupancy of the right-of-way by a […]

60-6-102. Notice of encroachment

60-6-102. Notice of encroachment. (1) Notice to remove an unpermitted encroachment, specifying the width of the highway right-of-way and the place and extent of the encroachment, must be given to the person erecting or maintaining the encroachment. (2) Notice must be given in the following manner: (a) in writing by certified mail sent to the person’s business or […]

60-6-103. Encroachment not permanently affixed — time limit for removal — penalty

60-6-103. Encroachment not permanently affixed — time limit for removal — penalty. (1) If an unpermitted encroachment is not permanently affixed to the land and is not removed from the right-of-way by the person who erected or maintains the encroachment within 2 days after receipt of the notice provided for in 60-6-102, the department may begin […]

60-6-104. Unpermitted encroachment — department action

60-6-104. Unpermitted encroachment — department action. If an encroachment permit provided for in 60-6-101 has not been granted and the person erecting or maintaining the encroachment fails to remove it after receiving notice pursuant to 60-6-102, the department shall commence appropriate legal action to have the encroachment removed. If the department recovers a judgment, it shall […]