AN ACT
ENTITLED, An Act to revise provisions regarding designation of a no maintenance highway.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 31-12-48 be amended to read:
31-12-48. For any highway or segment of a highway the board of county commissioners determines, after public notice, is used less than is required for designation as a minimum maintenance highway under § 31-12-46, the board may designate the highway as a no maintenance highway. The board shall, by resolution, identify the beginning and end point of the highway or segment of a highway designated as no maintenance. The board does not have any responsibility or duty of care on a no maintenance highway designated under this section, except upon knowledge of a manmade obstruction, to require removal or remediation of the manmade obstruction if needed, to maintain public access.
Section 2. That § 31-12-50 be amended to read:
31-12-50. A no maintenance highway designated under § 31-12-48 is any highway that shall remain open to public access, but over which the board of county commissioners has no responsibility for maintenance or improvement, except as provided under § 31-12-48.
An Act to revise provisions regarding designation of a no maintenance highway.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 31-12-48 be amended to read:
31-12-48. For any highway or segment of a highway the board of county commissioners determines, after public notice, is used less than is required for designation as a minimum maintenance highway under § 31-12-46, the board may designate the highway as a no maintenance highway. The board shall, by resolution, identify the beginning and end point of the highway or segment of a highway designated as no maintenance. The board does not have any responsibility or duty of care on a no maintenance highway designated under this section, except upon knowledge of a manmade obstruction, to require removal or remediation of the manmade obstruction if needed, to maintain public access.
Section 2. That § 31-12-50 be amended to read:
31-12-50. A no maintenance highway designated under § 31-12-48 is any highway that shall remain open to public access, but over which the board of county commissioners has no responsibility for maintenance or improvement, except as provided under § 31-12-48.
An Act to revise provisions regarding designation of a no maintenance highway.
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I certify that the attached Act originated in the
HOUSE as Bill No. 1077
____________________________
Chief Clerk ____________________________
Speaker of the House
Attest:
____________________________
Chief Clerk
____________________________
Attest:
____________________________
Secretary of the Senate
House Bill No. 1077 File No. ____ Chapter No. ______ |
Received at this Executive Office this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor STATE OF SOUTH DAKOTA, ss.
Office of the Secretary of State
Filed ____________ , 20___
____________________________ Secretary of State
By _________________________ |
