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Codified Laws

TITLE 31

HIGHWAYS AND BRIDGES

Chapter

01    Definitions And Classes Of Highways

02    Administration Of State Highways

03    Location, Change And Vacation Of Highways

04    State Trunk Highway System

04A    South Dakota Bridge Authority [Repealed]

05    State Highway Construction And Maintenance In General

06    Secondary Roads [Repealed]

07    Interstate Highway System

08    Controlled-Access Facilities

09    Highways Serving Federal Reservations

10    Boundary State Highway Bridges

11    County Highway Department And Funds

12    County Highway Systems

12A    County Road Districts

13    Township Roads

14    County And Township Bridges And Culverts

15    County And Municipal Local Interstate Toll Bridges [Repealed]

16    Bridge Corporations [Repealed]

17    Boundary Line Highways

18    Section-Line Highways

19    Acquisition Of Land And Materials For Highway Purposes

20    Use Of Publicly Owned Land For Highway Purposes

21    Highway Drainage Ditches

22    Condemnation Of Easements For Isolated Tracts

23    Performance Bonds On Highway Contracts

24    Highway Intersections And Private Entrances

25    Fences, Cattle Ways And Livestock Guards

26    Utility Lines Along And Across Highways

27    Railroad Crossings

28    Highway Markers And Signs

29    Highway Beautification And Regulation Of Advertising

30    Junk Yards Along Highways

31    Weed Removal Along Highways

32    Highway Obstructions And Defects

33    Municipal Arterial Street Systems

34    Rural Access Infrastructure



31-1 DEFINITIONS AND CLASSES OF HIGHWAYS
CHAPTER 31-1

DEFINITIONS AND CLASSES OF HIGHWAYS

31-1-1      Highway defined.
31-1-2      Bridges and culverts part of highway.
31-1-3      Existing highways--Continuation as established.
31-1-4      Classification of highways of state.
31-1-5      Administrative systems of highways--Classification.
31-1-6      Federal aid systems--Classification.
31-1-7      Coexistence of administrative and federal aid systems.



31-2 ADMINISTRATION OF STATE HIGHWAYS
CHAPTER 31-2

ADMINISTRATION OF STATE HIGHWAYS

31-2-1      Superseded.
31-2-1.1      Repealed.
31-2-2      Superseded.
31-2-2.1      Repealed.
31-2-3 to 31-2-7.      Superseded.
31-2-8      Repealed.
31-2-9 to 31-2-12.      Repealed.
31-2-13      Repealed.
31-2-13.1      Rules--Promulgation.
31-2-13.2      State highway fund--Use and expenditure of moneys--Purpose.
31-2-14      Appropriations required for salaries, expenses, and maintenance costs--Annual appropriation for construction and right-of-way.
31-2-14.1      Rules to define "administrative purposes".
31-2-14.2      Use of state highway fund.
31-2-14.3      Annual appropriation to Department of Revenue--Distribution.
31-2-15      Repealed.
31-2-16, 31-2-17.      Repealed.
31-2-18      Employment of persons with developmental disabilities.
31-2-19      Construction and improvement of roads--Location of material--Public meetings.
31-2-20      Adoption of standard plans and specifications.
31-2-20.1      Performance standards to measure overall condition of highways and bridges--Goals for maintenance.
31-2-21      Supervision of construction and maintenance of state trunk highway system, bridges, and culverts.
31-2-22      Advice at county's request on maintaining its highway system.
31-2-23      Dissemination of highway information--Tourism publications.
31-2-23.1      Repealed.
31-2-24      Contracts for tourist publicity.
31-2-25      Repealed.
31-2-26      Repealed.
31-2-27      Disposition of property no longer useful.
31-2-28 to 31-2-31.      Repealed.
31-2-32      Auction sale of passenger automobiles.
31-2-33      Cooperation in research projects for road development.
31-2-34      Action against state on construction contract--Venue of trial.
31-2-35      Hearing and determination of action against state--Right of appeal.
31-2-36      Service of process on state.
31-2-37      Time for actions against state.
31-2-38      Award of damages and costs--Payment by state.
31-2-39      Final judgment against state--Payment from state highway fund.



CHAPTER 31-3

LOCATION, CHANGE AND VACATION OF HIGHWAYS

31-3-1    Dedication to public by continuous use, work, and repair of road--Width--Obtaining right-of-way.

31-3-2    Public highway not established by mere use.

31-3-3    Rights of settlers on public lands.

31-3-4    Location on boundary line--Half of highway taken from each side.

31-3-5    Damages assessed--Payment before use of road.

31-3-6    Petition to locate, change, or vacate a highway.

31-3-6.1    Access to public lands or public waters.

31-3-7    Public hearing--Notice--Affirmative resolution of board--Order.

31-3-8    Resolution and order of board--Description of land--Map maintained by county auditor--Recording.

31-3-9    Resolution and order--Entry in minutes--Publication.

31-3-10    Discontinuance and vacation--Reversion of title to land--Removal of improvements.

31-3-11    Validation of vacation of highway not within municipality.

31-3-12    Limitation of jurisdiction of township supervisors.

31-3-13    Highway on township line--Joint resolution.

31-3-14    Appeal from township board to vote of voters.

31-3-15    31-3-15, 31-3-16. Repealed by SL 1985, ch 233, § 6

31-3-17    Reopening vacated section lines without payment of damages.

31-3-18    Width of highway.

31-3-19    County location proceedings--Highways to which applicable.

31-3-20    Municipal boundary highways--County and trunk highway systems.

31-3-21    31-3-21. Repealed by SL 1984, ch 12, § 33

31-3-22    31-3-22. Repealed by SL 1985, ch 233, § 10

31-3-23    Proceedings on short highway without usual number of petitioners--Payment of damages.

31-3-24    31-3-24 to 31-3-27. Repealed by SL 1985, ch 233, §§ 11 to 14

31-3-28    Benefits considered in assessing damages.

31-3-29    31-3-29. Repealed by SL 1985, ch 233, § 15

31-3-30    Owner opposed to petition to set forth damages in writing--Determination by county commissioners.

31-3-31    31-3-31, 31-3-32. Repealed by SL 1985, ch 233, §§ 16, 17

31-3-33    Assessment and payment of damages.

31-3-34    Appeal to circuit court--Time allowed.

31-3-35    31-3-35. Repealed by SL 1985, ch 233, § 20

31-3-36    Location by consent.

31-3-37    Expenses of survey--Payment by person seeking location of highway.

31-3-38    31-3-38. Repealed by SL 2018, ch 168, § 4.

31-3-39    Field notes--Furnishing to board of supervisors of township.

31-3-40    Field notes--Recording in township highway record.

31-3-41    Relocation of highways--Contract of political subdivision with United States--Reimbursement.

31-3-42    Change in location of highway by political subdivision contracting with the United States.

31-3-43    Notice of proposed change--Publication.

31-3-44    Highways within extraterritorial area of municipality.

31-3-45    Rights of utilities and rural water systems unaffected.

31-3-46    Procedures for highway appeals from township board of supervisors.



CHAPTER 31-4

STATE TRUNK HIGHWAY SYSTEM

31-4-1    State trunk highway system designated by Legislature--Primary factors to be considered--Limitation on removal from state trunk highway system.

31-4-2    31-4-2. Repealed by SL 2010, ch 145, § 15.

31-4-3    Inclusion of city streets in system.

31-4-4    Relocations, additions, and alterations in system--Purposes.

31-4-5    State maintenance of streets included in state trunk highway system--Snow removal excepted.

31-4-6    Change ceasing to interconnect certain municipalities prohibited.

31-4-7    Hearing on change--Notice, publication, and contents--Right to appear.

31-4-8    Rerouting of trunk highways onto interstate highways.

31-4-9    31-4-9 to 31-4-12. Repealed by SL 2010, ch 145, §§ 19 to 22.

31-4-13    Official map of system--Alterations or additions.

31-4-14    Control and supervision of system by department.

31-4-14.1    Restriction or closing of highway by secretary of transportation and secretary of public safety due to inclement weather.

31-4-14.2    Notice of closure or use restriction.

31-4-14.3    Failure to observe notice of closure or use restriction as misdemeanor--Violators subject to action for civil penalty and cost of rescue.

31-4-14.4    Restriction of use of state trunk highways through highway work zones.

31-4-14.5    Minimum maintenance road designation--Opportunity for public input--Maintenance level required.

31-4-14.6    Signs required on minimum maintenance roads--Travel at driver's risk--Sign as evidence of adequate notice.

31-4-15    31-4-15. Repealed by SL 2010, ch 145, § 24.

31-4-15.1    Fishing, jumping, or diving from bridge prohibited--Violation as misdemeanor.

31-4-15.2    Fishing from bridge--Signs.

31-4-16    31-4-16 to 31-4-129. Repealed by SL 1968, ch 123, § 2; SL 1982, ch 220, § 1; SL 1983, ch 225, §§ 2-4, 6-8, 10, 14, 15, 18, 19, 25-29, 31, 32, 35-39, 42, 45, 49, 51-55; SL 1984, ch 209, § 121; SL 1984, ch 210

31-4-130    State Highway 10 from Pollock to Minnesota.

31-4-131    State Highway 11 from Elk Point to Minnesota.

31-4-132    U.S. Highway 12 from North Dakota to Minnesota.

31-4-133    State Highway 13 from State Highway 34 to U.S. Highway 14.

31-4-134    U.S. Highway 14 from Interstate Highway 90 to Minnesota.

31-4-135    U.S. Highway 14 Alternate from Interstate Highway 90 at Spearfish via Lead-Deadwood to Interstate Highway 90 at Sturgis.

31-4-136    U.S. Highway 14 Bypasses at Pierre and Brookings.

31-4-137    State Highway 15 from State Highway 28 to Interstate Highway 29.

31-4-138    U.S. Highway 16 from Wyoming to Interstate Highway 190.

31-4-139    U.S. Highway 16 Alternate from U.S. Highway 16 at Custer via Keystone to U.S. Highway 16.

31-4-139.1    U.S. Highway 16B from U.S. Highway 16 to Interstate Highway 90.

31-4-140    State Highway 17 from State Highway 44 to 278th Street in Lincoln County.

31-4-141    U.S. Highway 18 from Wyoming to Iowa.

31-4-142    Repealed

31-4-143    State Highway 19 from Nebraska to State Highway 34.

31-4-144    State Highway 19 Alternate from State Highway 46 via Centerville to State Highway 19.

31-4-145    State Highway 20 from Montana to Minnesota.

31-4-146    State Highway 21 from State Highway 28 to U.S. Highway 81.

31-4-147    State Highway 22 from U.S. Highway 212 to Minnesota.

31-4-148    State Highway 25 from State Highway 50 to North Dakota.

31-4-149    State Highway 26 from State Highway 47 to U.S. Highway 281.

31-4-150    State Highway 27 from U.S. Highway 12 to North Dakota.

31-4-151    State Highway 28 from U.S. Highway 281 to Minnesota.

31-4-152    Interstate Highway 29 from Iowa to North Dakota.

31-4-153    Interstate Highway 29 Business Loop from Interstate Highway 29 via Elk Point to Interstate Highway 29.

31-4-154    State Highway 30 from west of Interstate Highway 29 to Minnesota.

31-4-155    State Highway 32 from Interstate Highway 29 to State Highway 13.

31-4-156    State Highway 34 from Wyoming to Minnesota.

31-4-157    State Highway 36 from U.S. Highway 16 Alternate to State Highway 79.

31-4-158    State Highway 37 from the Missouri River to North Dakota.

31-4-159    State Highway 38 from Interstate Highway 90 Business Loop in Mitchell to Marion Road in Sioux Falls.

31-4-160    31-4-160. Repealed by SL 1994, ch 237, § 10

31-4-161    State Highway 40 from U.S. Highway 16 Alternate to Cheyenne River.

31-4-162    State Highway 42 from U.S. Highway 281 to Iowa.

31-4-163    State Highway 43 from Nebraska to U.S. Highway 18.

31-4-164    State Highway 44 from U.S. Highway 385 to Interstate Highway 29.

31-4-165    State Highway 45 from State Highway 44 to North Dakota.

31-4-166    State Highway 46 from U.S. Highway 18 to Iowa.

31-4-167    State Highway 47 from Nebraska to North Dakota.

31-4-168    State Highway 48 from Interstate Highway 29 to Iowa.

31-4-169    State Highway 49 from U.S. Highway 18 to State Highway 47.

31-4-170    State Highway 50 from State Highway 34 to Iowa.

31-4-171    State Highway 52 from State Highway 37 to U.S. Highway 81.

31-4-172    State Highway 53 from south of U.S. Highway 18 to Interstate Highway 90.

31-4-173    State Highway 63 from U.S. Highway 18 to North Dakota.

31-4-174    State Highway 65 from U.S. Highway 212 to North Dakota.

31-4-175    State Highway 71 from Nebraska to U.S. Highway 18 Bypass.

31-4-176    State Highway 73 from Nebraska to North Dakota.

31-4-177    State Highway 75 from State Highway 20 to North Dakota.

31-4-178    State Highway 79 from U.S. Highway 18 to North Dakota.

31-4-179    U.S. Highway 81 from Missouri River to Interstate Highway 29.

31-4-180    U.S. Highway 83 from Nebraska to North Dakota.

31-4-181    U.S. Highway 85 from Wyoming to North Dakota.

31-4-182    State Highway 87 from U.S. Highway 385 to U.S. Highway 16.

31-4-183    State Highway 89 from U.S. Highway 18 to State Highway 87.

31-4-184    Interstate Highway 90 from Wyoming to Minnesota.

31-4-185    Interstate Highway 90 Business Loops at Oacoma, Chamberlain, and Mitchell.

31-4-186    State Highway 101 from State Highway 22 to Gary.

31-4-187    31-4-187. Repealed by SL 1994, ch 237, § 14

31-4-188    31-4-188. Repealed by SL 1998, ch 168, § 2

31-4-189    State Highway 106 from State Highway 25 to State Highway 127.

31-4-190    State Highway 109 from U.S. Highway 12 to State Highway 15.

31-4-191    State Highway 115 from U.S. Highway 18 to Interstate Highway 29.

31-4-192    State Highway 123 from U.S. Highway 12 to State Highway 15.

31-4-193    State Highway 127 from State Highway 10 to North Dakota.

31-4-194    State Highway 130 from U.S. Highway 12 to State Highway 271.

31-4-195    31-4-195. Repealed by SL 2009, ch 145, § 1.

31-4-196    31-4-196. Repealed by SL 2004, ch 191, § 1

31-4-197    31-4-197. Repealed by SL 2010, ch 147, § 1.

31-4-198    State Highway 144 from Akaska to U.S. Highway 83.

31-4-199    State Highway 153 from State Highway 52 to State Highway 50.

31-4-200    State Highway 158 from State Highway 15 to Minnesota.

31-4-201    State Highway 168 from U.S. Highway 85 to State Highway 79.

31-4-202    U.S. Highway 183 from Nebraska to Interstate Highway 90.

31-4-203    Interstate Highway 190 from Rapid City to Interstate Highway 90.

31-4-204    State Highway 203 from State Highway 258 to State Training School.

31-4-205    State Highway 204 from State Highway 1806 to State Highway 1804.

31-4-206    U.S. Highway 212 from Wyoming to Minnesota.

31-4-207    31-4-207. Repealed by SL 1991, ch 231, § 1

31-4-208    State Highway 324 from Interstate Highway 29 to State Highway 13.

31-4-209    State Highway 224 from Alpena to State Highway 37.

31-4-210    Interstate Highway 229 from Interstate Highway 29 to Interstate Highway 90.

31-4-211    31-4-211. Repealed by SL 2006, ch 155, § 4.

31-4-212    31-4-212. Repealed by SL 1994, ch 237, § 5

31-4-213    31-4-213, 31-4-214. Repealed by SL 2006, ch 155, §§ 5, 6.

31-4-214    31-4-214. Repealed by SL 2006, ch 155, § 6.

31-4-215    State Highway 239 from State Highway 10 to Long Lake.

31-4-216    State Highway 240 from Interstate Highway 90 via Badlands National Park to Interstate Highway 90.

31-4-217    State Highway 244 from U.S. Highway 16 to Mount Rushmore National Monument.

31-4-218    31-4-218. Repealed by SL 1985, ch 234

31-4-219    State Highway 247 from U.S. Highway 12 to State Highway 10.

31-4-220    State Highway 248 from State Highway 240 to Interstate Highway 90.

31-4-221    State Highway 249 from State Highway 47 to State Highway 34.

31-4-222    State Highway 251 from Nebraska to U.S. Highway 18.

31-4-223    State Highway 253 from U.S. Highway 12 to State Highway 47.

31-4-224    State Highway 258 from Interstate Highway 90 to U.S. Highway 281.

31-4-225    State Highway 262 from Interstate Highway 90 to State Highway 42.

31-4-226    31-4-226. Repealed by SL 1999, ch 147, § 3

31-4-227    State Highway 271 from U.S. Highway 12 to North Dakota.

31-4-228    State Highway 273 from Interstate Highway 90 to State Highway 1806.

31-4-229    U.S. Highway 281 from Nebraska to North Dakota.

31-4-230    31-4-230. Repealed by SL 1991, ch 231, § 2

31-4-231    31-4-231. Repealed by SL 1998, ch 168, § 3

31-4-232    State Highway 314 from State Highway 50 to Yankton.

31-4-233    31-4-233. Repealed by SL 1995, ch 169, § 2

31-4-234    State Highway 377 from State Highway 44 to Badlands National Park.

31-4-235    U.S. Highway 385 from Nebraska to U.S. Highway 85.

31-4-236    State Highway 391 from Nebraska to U.S. Highway 18.

31-4-237    State Highway 407 from Nebraska to U.S. Highway 18.

31-4-238    31-4-238, 31-4-239. Repealed by SL 1998, ch 168, §§ 4, 5

31-4-240    31-4-240. Repealed by SL 2005, ch 150, § 4.

31-4-241    31-4-241. Repealed by SL 1994, ch 237, § 6

31-4-242    31-4-242. Repealed by SL 1990, ch 225, § 4

31-4-243    State Highway 445 from State Highway 79 to Interstate Highway 90.

31-4-244    State Highway 471 from State Highway 71 to U.S. Highway 18.

31-4-245    State Highway 473 from U.S. Highway 14 Alternate to Stewart Slope Road.

31-4-246    State Highway 1804.

31-4-247    State Highway 1806.



31-4A SOUTH DAKOTA BRIDGE AUTHORITY [REPEALED]
CHAPTER 31-4A

SOUTH DAKOTA BRIDGE AUTHORITY [REPEALED]

[Repealed by SL 1978, ch 220, § 1]



CHAPTER 31-5

STATE HIGHWAY CONSTRUCTION AND MAINTENANCE IN GENERAL

31-5-1    Duty of department to maintain and repair state highways.

31-5-2    31-5-2 to 31-5-4. Repealed by SL 2010, ch 145, §§ 26 to 28.

31-5-5    Contracts with counties for completion and improvement of trunk highways.

31-5-6    31-5-6. Repealed by SL 1984, ch 207, § 26

31-5-7    31-5-7. Repealed by SL 2010, ch 145, § 30.

31-5-8    Moneys to be expended on highways and expenses of commission--Loans to local government highway jurisdictions.

31-5-8.1    Expenditures for roads in state parks and recreation areas.

31-5-8.2    31-5-8.2. Repealed by SL 1989, ch 251, § 2

31-5-8.3    Annual winter safe highway maintenance plan.

31-5-8.4    31-5-8.4. Repealed by SL 2005, ch 151, § 1.

31-5-9    31-5-9. Repealed by SL 2010, ch 145, § 32.

31-5-10    Improvements to trunk system--Manner of advertising for bids--Letting of contract--Rules.

31-5-10.1    Design-bid-build.

31-5-10.2    Indefinite delivery and indefinite quantity.

31-5-10.3    Emergency procurement.

31-5-11    Improvements to trunk system--Payments upon estimates approved by department--Vouchers.

31-5-12    31-5-12 to 31-5-15. Repealed by SL 2010, ch 145, §§ 34 to 37.

31-5-16    31-5-16. Repealed by SL 1985, ch 33, § 11

31-5-17    31-5-17. Repealed by SL 2010, ch 145, § 38.

31-5-18    31-5-18. Repealed by SL 1984, ch 207, § 28

31-5-19    Historic and prehistoric remains of state--Contract for preservation.

31-5-20    Interstate agreements for rest and recreation areas.

31-5-21    Mowing of ditches on state trunk highway--Rules--Priority to abutting landowner.

31-5-22    Violation of rules authorizing mowing of ditches as misdemeanor.

31-5-23    Consultation with first and second class municipalities and counties on construction or conversion of maintenance facilities--Sharing facilities.

31-5-24    Written agreements required for joint use of maintenance facilities.

31-5-25    Consultation prerequisite to construction or acquisition of facilities.

31-5-26    Supervision of design and construction of joint facilities.



31-6 SECONDARY ROADS [REPEALED]
CHAPTER 31-6

SECONDARY ROADS [REPEALED]

31-6-1 to 31-6-9.      Repealed .



31-7 INTERSTATE HIGHWAY SYSTEM
CHAPTER 31-7

INTERSTATE HIGHWAY SYSTEM

31-7-1      Definition of terms.
31-7-2      Employment of personnel--Contracts in behalf of state--General powers of department.
31-7-3      Cooperation with federal highway administration in location and construction of interstate highways.
31-7-4      Location and alignment of interstate highways.
31-7-5      Acquisition of right-of-way, land, and materials.
31-7-6      Points of ingress and egress--Establishment and control.
31-7-7      Grade separations at intersections with other roads.
31-7-8      Control areas and points--Programming to permit use of new construction.
31-7-9      Marking of highways.
31-7-10      State highway funds used for construction.
31-7-11      Maintenance expenses--Sources of payment.
31-7-12      Expenditures segregated in annual report.
31-7-13      Local service roads--Maintenance by political subdivisions.
31-7-14      Trunk highway system unaffected.
31-7-15      Camping prohibited at rest areas on interstate system--Petty offense.
31-7-16      Activities constituting unlawful camping.
31-7-17      Temporary rest stops permitted--Time limit.
31-7-18      Additional fine for unlawful camping--Cost of repairs.



31-8 CONTROLLED-ACCESS FACILITIES
CHAPTER 31-8

CONTROLLED-ACCESS FACILITIES

31-8-1      Definition of controlled-access facility.
31-8-2      Commercial vehicles permitted or excluded.
31-8-3      Highway authorities permitted to establish facilities--Local control.
31-8-4      Regulations as to use.
31-8-5      Design--Separate roadways, markers.
31-8-6      Ingress and egress restricted to designated points.
31-8-7      Manner of acquiring property or property rights.
31-8-8      Acquisition of property in entire tracts.
31-8-9      Precedence of condemnation cases.
31-8-10      New or existing facilities included.
31-8-11      Elimination of grade crossings.
31-8-12      Public way connected with facility--Consent of highway authority required.
31-8-13      Power of highway authorities to enter into agreements.
31-8-14      Local service roads.
31-8-15      Unlawful use of facilities--Acts constituting.
31-8-15.1      Meaning of recovery vehicle.
31-8-15.2      When recovery vehicle not to cross median of divided highway--Violation as misdemeanor.
31-8-16      Commercial establishment on right-of-way prohibited--Exception--Violation as misdemeanor.
31-8-17      Superseded.
31-8-18      Payment for trash collection required in license contract with visually impaired vendor.



31-9 HIGHWAYS SERVING FEDERAL RESERVATIONS
CHAPTER 31-9

HIGHWAYS SERVING FEDERAL RESERVATIONS

31-9-1      Relinquishment of highways in national parks--Cession of jurisdiction.
31-9-2, 31-9-3. Repealed.
31-9-4      County roads used by National Forest Service--Cooperative agreement for joint construction and use.
31-9-5      Repealed.



31-10 BOUNDARY STATE HIGHWAY BRIDGES
CHAPTER 31-10

BOUNDARY STATE HIGHWAY BRIDGES

31-10-1      Definition of terms.
31-10-2      Boundary state highway bridge and bridge defined.
31-10-3      Acquisition and maintenance of boundary state highway bridges.
31-10-4      Condemnation proceedings.
31-10-5      Contracts with adjoining states, persons, or corporations.
31-10-6      Acquisition or construction of bridge--Adjoining state to furnish proportionate share.
31-10-7      Highway funds used for boundary line bridge.
31-10-8      Collection of tolls--Duration--Credit to state highway fund.
31-10-9      Agreement for purchase or construction--Payments--Interest.
31-10-10      Liability for payments limited to state highway fund.
31-10-11      Contract for purchase by department--Prior appraisal.
31-10-12      Toll bridges--Acceptance of title by state--Conditions.
31-10-13      Toll-free operation of acquired bridge.
31-10-14      Maintenance of acquired bridge.
31-10-15      Operation cost of acquired bridge--Payment from state highway fund.
31-10-16      Agreements with adjoining state to share operational cost.



31-11 COUNTY HIGHWAY DEPARTMENT AND FUNDS
CHAPTER 31-11

COUNTY HIGHWAY DEPARTMENT AND FUNDS

31-11-1      Employment of county highway superintendent--Salary--Tenure.
31-11-2      Repealed.
31-11-3      Duties of county superintendent--Compliance with rules.
31-11-4      Employment of engineer by superintendent.
31-11-5      Repealed.
31-11-6      Cost records maintained by superintendent--Destruction.
31-11-7      Annual inventory of county road building equipment and supplies--Destruction of records.
31-11-8 to 31-11-27.      Repealed.
31-11-28      Lease to contractors of county and township road equipment.
31-11-29 to 31-11-32.      Repealed.
31-11-33 to 31-11-40.      Repealed.
31-11-41      Petition for county maintenance on private roads.
31-11-42      Hearing on petition for maintenance of private roads--Notice.
31-11-43      Determination on maintenance contract for private roads--Cost of maintenance.
31-11-44      Annual hearing on maintenance continuation of private roads.
31-11-45      Maximum maintenance authorization on private roads.



CHAPTER 31-12

COUNTY HIGHWAY SYSTEMS

31-12-1    Established highway systems perpetuated.

31-12-2    Change of county highway system--Order of Department of Transportation.

31-12-3    31-12-3, 31-12-4. Repealed by SL 1974, ch 201

31-12-5    Supervision of construction, improvement, maintenance, and repair of system.

31-12-6    County system at expense of entire county--Tax levy.

31-12-7    Division of system into sections--Recording in county road book or database.

31-12-8    Survey and report by superintendent on condition of system and structures.

31-12-9    Survey, plans, specifications, and estimates for permanent improvements.

31-12-10    31-12-10. Repealed by SL 2018, ch 168, § 17.

31-12-11    Commencement of construction work.

31-12-12    Small projects--Advertising, private contract, or county work permitted.

31-12-13    Large projects--Advertising for bids or built by day labor--Rejection of bids.

31-12-14    Deadline for bids--Advertisement--Rejection of bids.

31-12-15    Written contract--Performance bond.

31-12-16    Progress payments permitted.

31-12-17    Superintendent's approval of bills before payment.

31-12-18    Width of culverts.

31-12-19    31-12-19. Repealed by SL 2002, ch 142, § 1

31-12-20    31-12-20. Repealed by SL 1978, ch 50, § 6

31-12-21    31-12-21 to 31-12-23. Repealed by SL 2018, ch 168, §§ 20 to 22.

31-12-24    Supervision of maintenance work by superintendent--Payments from road and bridge fund.

31-12-25    Establishment of witness corners required--Violation as petty offense.

31-12-26    Responsibility for secondary roads in unorganized territory.

31-12-27    Tax levy for secondary roads in unorganized territory.

31-12-27.1    Contracts with residents for county road construction and maintenance--Petition--Work performed by highway department or private contract--Payment.

31-12-28    31-12-28 to 31-12-40. Repealed by SL 2018, ch 168, §§ 23 to 35.

31-12-41    Contracts for county maintenance of streets and alleys in municipalities.

31-12-42    Vehicle license collections to be used outside municipalities.

31-12-43    Indemnity required for construction or survey work within road right-of-way.

31-12-44    Repairs for wind and water erosion assessed to private landowner.

31-12-45    Approval of conservation district for repair of erosion damage--declaration--notice to landowner.

31-12-46    Minimum maintenance roads established.

31-12-47    Posting notification of minimum maintenance road.

31-12-48    Designation of no maintenance highway--Removal of manmade obstruction.

31-12-49    Posting of signs along no maintenance highway.

31-12-50    No maintenance highway open to public access--No duty to maintain or improve.



CHAPTER 31-12A

COUNTY ROAD DISTRICTS

31-12A-1    Incorporation of road district.

31-12A-1.1    Formation--Election--Qualification.

31-12A-1.2    Eligible voter and landowner defined.

31-12A-2    Application for organization of road district--Verified survey and map required.

31-12A-3    Filing of petition--Contents.

31-12A-4    Public examination of survey, map, and petition.

31-12A-5    31-12A-5. Repealed by SL 2014, ch 46, § 9.

31-12A-5.1    Territory within subdivision jurisdiction of municipality--Requirement for approval of petition.

31-12A-5.2    Transfer of jurisdiction over public highway to road district prohibited.

31-12A-6    Order declaring territory incorporated--Name of district--Election.

31-12A-7    31-12A-7 to 31-12A-9. Repealed by SL 1998, ch 36, §§ 12 to 14

31-12A-10    Incorporation of district by majority vote--Exclusion of agricultural property from district by notice to county auditor--Notation on survey and map.

31-12A-11    Order of incorporation--Order as conclusive of fact of incorporation.

31-12A-12    District as governmental subdivision and public body.

31-12A-13    Expenditure of county funds authorized for application and election costs--Expenditure of transportation department funds allocated to county.

31-12A-14    31-12A-14. Repealed by SL 1998, ch 36, § 17

31-12A-15    Annual election of officers--Time and place--Conduct.

31-12A-15.1    Notice of meeting and election--Contents--Notice upon vacancy.

31-12A-16    Election of trustees at large--Terms of office--Annual elections.

31-12A-17    Nominations for trustee--Certificates of nomination.

31-12A-18    Trustees not compensated--Election of president.

31-12A-19    Rules and regulations of trustees--Meetings--Quorum.

31-12A-20    Record of proceedings required of trustees.

31-12A-20.1    Sanitary district assuming road district powers.

31-12A-21    Powers of trustees.

31-12A-22    Power of trustees to pass and enforce ordinances and regulations.

31-12A-23    Certification to county auditor of delinquent charges for services--Penalty and interest--Tax sale--Referendum on assessment or bond issue.

31-12A-24    Trustee and employee interest in contracts or other dealings of district prohibited--Exception.

31-12A-25    Laws applicable to proceedings for constructing roads, borrowing money, making special assessments, and issuing bonds.

31-12A-25.1    Roads as public highways--Vehicle or traffic regulations may be enforced by law enforcement officer.

31-12A-26    Road work projects outside district's area.

31-12A-27    Dissolution of road district by petition of voters--Procedure.

31-12A-28    Dissolution of road district by trustees.

31-12A-29    Consolidated road districts authorized--Governing body to propose consolidation by resolution.

31-12A-30    Proposed consolidation submitted to eligible voters at special election.

31-12A-31    Resolution declaring consolidated road district.

31-12A-32    Consolidated board of trustees.

31-12A-33    Consolidated road district does not acquire property or obligations of included road districts.

31-12A-34    Consolidated road district authorized to contract for property.

31-12A-35    Directors authorized to adjust boundaries of district--Limitations.

31-12A-36    Annexation of area--Procedures.



CHAPTER 31-13

TOWNSHIP ROADS

31-13-1    Township road system--Township board responsible for township roads.

31-13-1.1    Designation of minimum maintenance road--Level of maintenance.

31-13-1.2    Posting of warning signs on minimum maintenance roads.

31-13-1.3    Designation of full and minimum maintenance roads at annual meeting--Map.

31-13-1.4    Designation of no maintenance section line.

31-13-1.5    Posting of signs on no maintenance section line.

31-13-1.6    Designation of road unsafe for vehicle travel as no maintenance road.

31-13-1.7    Posting of signs that no vehicle travel is advised on no maintenance road.

31-13-2    Designation of board member as overseer--Compensation.

31-13-3    Hiring of help authorized.

31-13-3.1    Secondary road capital improvement fund.

31-13-4    Width of highway grades.

31-13-5    31-13-5, 31-13-6. Repealed by SL 2002, ch 145, §§ 1, 2

31-13-7    Written contracts required when let without advertising--Performance bond.

31-13-8    Payments on contracts.

31-13-9    Restriction on progress payments.

31-13-10    Township highway tax.

31-13-11    Township highway tax--Certification to county auditor--Collection.

31-13-12    County aid roads--Designation by county commissioners.

31-13-13    Joint contracts for construction and maintenance of township roads.

31-13-13.1    31-13-13.1. Repealed by SL 1974, ch 202, § 2

31-13-14    Motor vehicle license fees transferable to county.

31-13-15    Road districts.

31-13-16    Petition for improvement of road district--Notice to property owners.

31-13-17    Hearing on road district improvement--Assessments for improvement.

31-13-18    Affidavit of township failure to maintain mail route--Service of affidavit and notice on township.

31-13-19    County maintenance and repair of mail route or failure by township.

31-13-20    County repair and maintenance of mail routes--Payment from township moneys--Expense limitation.

31-13-21    Registration of warrants when township funds insufficient to pay for repair of mail route--Call for payment.

31-13-22    Township snow removal reserve fund--Tax levy.

31-13-23    Intent of snow removal reserve fund law.

31-13-24    Expenditures from snow removal reserve fund.

31-13-25    Purposes of snow removal reserve fund.

31-13-26    Contracts for snow removal and repair of damages.

31-13-27    Snow removal contracts--Bidding.

31-13-27.1    Snow creating emergency--Expenditures for removal without advertising for bids.

31-13-28    Accumulation of unexpended money as snow removal moneys.

31-13-29    Authority of township to open snowbound roads used for school bus routes.

31-13-30    Street improvements in unincorporated towns.

31-13-31    Validation of construction and repair contracts between townships and residents or landowners.

31-13-32    Improvement of platted streets by special assessment--Definition of terms.

31-13-33    Supervisors' resolution of necessity for improvement--Contents.

31-13-34    Combining of streets in one resolution--Uniformity required.

31-13-35    Combining of streets in one resolution when improvements not uniform.

31-13-36    Township assumption of cost--Referendum.

31-13-37    Publication of resolution--Notice of supervisors' meeting--Hearing of objections.

31-13-38    Resolution not requiring publication.

31-13-39    Notice by mail to property owners--Contents--Address to which sent.

31-13-40    Consideration of objections to improvement--Adoption of resolution--Notice to owners added by amendment.

31-13-41    Waiting period before actions on improvement--Ratification of prior actions.

31-13-42    Apportionment of benefits of improvement.

31-13-43    Costs paid by township--Deduction before assessment to property.

31-13-44    Assessment of costs to abutting property--Computation on front foot basis.

31-13-45    Assessment to nearby property of intersection costs.

31-13-46    Assessment according to special benefits--Investigation of benefits.

31-13-47    Intersection cost assumed by township.

31-13-48    Corner lot costs assumed by township or assessed to other property.

31-13-49    Cost assumed by township when street has been previously improved.

31-13-50    Use of special assessment law.

31-13-51    Annual front foot assessment for maintenance and repairs.

31-13-52    Levy of special assessments--Addition to general levy--Review and equalization.

31-13-53    Records maintained by township clerk--Destruction of certain records.

31-13-54    Contracts and assessments not invalidated by defects--Supervisors' determination conclusive.

31-13-55    Indemnity requirement for construction or survey work within road right-of-way.

31-13-56    Removal of baled or stacked foliage from right-of-way--Violation as petty offense.

31-13-57    Private landowner assessed for erosion repair costs.

31-13-58    Approval of conservation district for repair of erosion damage--Notice to landowner--Declaration.



31-14 COUNTY AND TOWNSHIP BRIDGES AND CULVERTS
CHAPTER 31-14

COUNTY AND TOWNSHIP BRIDGES AND CULVERTS

31-14-1      Definition of terms.
31-14-2      County commissioners' responsibility for bridges and culverts.
31-14-3      Drainage investigation of new or replacement bridge site.
31-14-4      Plans and specifications for bridge construction--Preparation by department or engineer.
31-14-5      Bridge plans and specifications--Design requirements--Filing by county auditor.
31-14-6, 31-14-7.      Repealed .
31-14-8      Bid and certified check or bond deposited with county auditor before opening of bids.
31-14-9      Repealed.
31-14-10      Repealed.
31-14-11      Opening of bids--Notice to successful bidder--Execution of contract.
31-14-12      Repealed.
31-14-13      Performance bond required--Filing of contract and bond.
31-14-14      Award to next lowest bidder or rebidding contract when successful bidder fails to enter into contract.
31-14-15      Return of certified checks accompanying bids.
31-14-16      Repealed.
31-14-17      Supervision of construction by county highway superintendent--Appointment and compensation of inspector.
31-14-18      Progress reports by county highway superintendent--Partial payments on contracts.
31-14-19      Cost statement prepared by county highway superintendent--Filing.
31-14-20      Bridge construction and repairs by county work authorized.
31-14-21      Bridge construction or repairs by county labor--Supervision--Plans and specifications.
31-14-22      Cost statement of county work prepared by county highway superintendent--Filing.
31-14-23      Purchase of twelve months' supply of materials--Estimate by county highway superintendent--Specifications.
31-14-24      Emergency contracts for repair of bridges and approaches authorized.
31-14-25      Repealed.
31-14-26      Insufficient funds to pay emergency contract--Issuance of emergency warrants.
31-14-27      County construction or replacement of bridges and culverts on township secondary roads--Reimbursement of county.
31-14-27.1      Repealed.
31-14-28, 31-14-29. Repealed.
31-14-30      Repealed.
31-14-31      Drainage ditch bridges.
31-14-32      Repealed.
31-14-33      Inspection of township culverts--Duty of board of supervisors.
31-14-34      Inspection of culverts on secondary highways and county highway system--Duty of county highway superintendent.
31-14-35      County line bridges--Agreement apportioning responsibility--Cost of large bridges divided equally.
31-14-36      County line bridges--Considerations in apportioning responsibility-- Apportionment by department.
31-14-37      Repealed.
31-14-38      County line bridges--Sharing of costs in absence of apportionment contract.
31-14-39      County line bridges--Petition and agreement for sharing costs in absence of prior apportionment contract.
31-14-40      County line bridges--Cost-sharing provisions not applicable where apportionment contract made.
31-14-41 to 31-14-45.      Repealed .
31-14-46      Unlawful agreements on contracts--Offering or receiving bribes--Felony.
31-14-47      Repealed.



31-15 COUNTY AND MUNICIPAL LOCAL INTERSTATE TOLL BRIDGES [REPEALED]
CHAPTER 31-15

COUNTY AND MUNICIPAL LOCAL INTERSTATE TOLL BRIDGES [REPEALED]

31-15-1 to 31-15-21.      Repealed .



31-16 BRIDGE CORPORATIONS [REPEALED]
CHAPTER 31-16

BRIDGE CORPORATIONS [REPEALED]

[Repealed by SL 1974, ch 153, § 60; SL 1984, ch 207, §§ 39 to 56]



CHAPTER 31-17

BOUNDARY LINE HIGHWAYS

31-17-1    County highway system on state line--Agreements for assignment of responsibility.

31-17-2    Roads crossing county lines--Division of responsibility.

31-17-3    Roads crossing county lines--Appeal to Transportation Commission on division of responsibility.

31-17-4    County highway system on county line--Effect of assignment to county.

31-17-5    Secondary highway on county line--Assignment of responsibility.

31-17-6    Secondary highway on township line--Assignment of responsibility.

31-17-7    Boundary line highways between organized townships--Equal contribution by townships required unless mutual agreement reached.

31-17-8    Township boundary line highways--Resolution calling for contribution.

31-17-9    Township boundary line highways--Service of resolution--Notice of meetings.

31-17-10    Township boundary line highways--Purpose of joint meeting.

31-17-11    Township boundary line highways--Action brought on failure to agree on contribution.

31-17-12    Township boundary line highways--Parties and procedure in action to require contribution.

31-17-13    Township boundary line highways--Complaint and answer in action to require contribution.

31-17-14    Township boundary line highways--Judgment in action to require contribution.

31-17-15    Township boundary line highways--Cumulative effect of provisions for equal contribution.

31-17-16    Secondary highway on municipal boundary--Responsibility.

31-17-17    County highway on municipal boundary--Responsibility.



31-18 SECTION-LINE HIGHWAYS
CHAPTER 31-18

SECTION-LINE HIGHWAYS

31-18-1      Existence of section-line highways by operation of law.
31-18-2      Width of highways--Side from which taken.
31-18-3      Vacation or change of location of highways .
31-18-4      Relicted lands--Highway rights continue.
31-18-5      Liability for unimproved section line.



CHAPTER 31-19

ACQUISITION OF LAND AND MATERIALS FOR HIGHWAY PURPOSES

31-19-1    Right-of-way and borrow pit--Purchase or condemnation--Proceedings.

31-19-1.1    Acquisition of land to provide for relocation of utility lines and facilities displaced by highway project--Use--Rules.

31-19-1.2    Owner or operator of utility lines or facilities not required to relocate to acquired easement or fee interest in real estate.

31-19-2    Resolution of necessity--Recordation and filing.

31-19-3    Condemnation--Petition--Parties defendant--Contents of petition--Verification.

31-19-4    Pleadings necessary--Interpleader--Compensation only issue.

31-19-5    Omitted defendants--Amendment of petition.

31-19-6    Notice in register of deeds' office--Contents of notice--Effect of notice.

31-19-7    Summons to defendants--Contents--Time for response.

31-19-8    Service of summons--Unknown parties--Publication of summons.

31-19-9    Notice annexed to publication--Contents--Time of publication--Applicability of general rules respecting publication of summons.

31-19-10    Personal service on nonresident defendant.

31-19-10.1    Demand for hearing on question of necessity--Waiver of right to question--Finding of necessity as binding on all persons.

31-19-11    Defaulting defendants--Affidavit of default--Summoning jurors--Procedure for summoning.

31-19-12    Hearing at special term--Rights of defendants--Rules of civil procedure applicable.

31-19-13    Conduct of proceedings--Notice of trial.

31-19-14    Continuance respecting unserved defendants.

31-19-15    View of premises by jury.

31-19-16    Compensation ascertained by jury--Separate verdicts for separate tracts.

31-19-17    Benefits to defendant as affecting compensation.

31-19-18    Return of verdict--Recordation--Judgment--Deposit in favor of nonappearing defendants--Possession of land awarded to state.

31-19-19    Compensation paid out of state highway funds as part of cost of state trunk highway.

31-19-20    Purchase or condemnation of land outside right-of-way--Payment--Procedure.

31-19-20.1    Acquisition of easement or fee interest for relocation of utility line or facilities not evidence in chapter 21-35 action.

31-19-21    Procedure as cumulative--General condemnation rules not impaired.

31-19-22    31-19-22. Repealed by SL 2010, ch 145 § 109.

31-19-23    Procedure to effect immediate taking--Declaration of taking--Contents of declaration.

31-19-24    Title vesting in state or municipality--Right to compensation vesting in owner--Effective date.

31-19-25    Time for surrender of possession--Notice to nonappearing defendants--Order of possession--Notice and hearing--Power of court.

31-19-26    Service of declaration of taking--Registered or certified mail.

31-19-27    Parties omitted from declaration of taking--Amendment--Amendment as not deferring effect of declaration.

31-19-28    Court deposit of money required for taking--Expediting distribution of money.

31-19-29    Payment of moneys on deposit--Payment of additional moneys after award is made.

31-19-30    Payment to owner--Receipt by owner--Contents of receipt.

31-19-31    Priority of proceedings to determine just compensation.

31-19-32    Right to jury trial--Waiver--Placing cause on calendar without notice.

31-19-33    Trial on question of just compensation--Judgment--Interest on award--Interest on amounts already deposited in court.

31-19-34    Compensation exceeding amounts already distributed--Judgment for deficiency--Compensation for less than amount already distributed--Judgment against defendant.

31-19-35    Prohibition against abandoning condemnation proceeding.

31-19-36    Expenditure of public funds on condemned land before final judgment--Opinion of attorney general respecting title.

31-19-37    Stipulation by attorney general excluding parts of condemned property--Municipal attorney to act for municipality.

31-19-38    Appeal as not delaying proceeding.

31-19-39    31-19-39. Repealed by SL 2010, ch 145, § 110.

31-19-40    Procedure as cumulative.

31-19-41    31-19-41. Repealed by SL 2010, ch 145, § 111.

31-19-41.1    Uneconomic remnant from land acquisition by county or first or second class municipality.

31-19-42    Acquisition of fee ownership in real estate where uneconomic remnants of land would result or severance damages would be less economical.

31-19-43    Title to land.

31-19-44    Lease of non-right-of-way property.

31-19-45    Sale of non-right-of-way property.

31-19-46    Exchange of non-right-of-way property.

31-19-47    Owner's agreement with state relinquishing possession pending determination of damages--Interest pending payment of damages--Tender of payment.

31-19-48    Tender of estimated compensation--Landowner's rights unaffected by tender or acceptance.

31-19-49    Financial assistance to persons displaced by highway acquisition.

31-19-49.1    Financial assistance when federal funds are unavailable.

31-19-50    31-19-50 to 31-19-55. Repealed by SL 2014, ch 134, §§ 2 to 7.

31-19-56    31-19-56 to 31-19-59. Repealed by SL 1984, ch 207, §§ 57 to 60

31-19-60    Lands no longer needed--Reversion of condemned lands--Sale of lands acquired by gift, devise or purchase--Purchase by abutting landowner--Right of use by utility.

31-19-61    31-19-61, 31-19-62. Repealed by SL 1984, ch 207, §§ 61, 62

31-19-63    Transfer of right-of-way between state and political subdivisions.

31-19-63.1    Transfer of right-of-way to federal government or Indian tribe.

31-19-64    Order or resolution to transfer right-of-way--Conveyance--Effect.

31-19-65    Functional replacement of real property in public ownership.



CHAPTER 31-20

USE OF PUBLICLY OWNED LAND FOR HIGHWAY PURPOSES

31-20-1    Location of highway across school, endowment, or other state lands--Approval by commissioner of school and public lands.

31-20-2    Filing map of proposed location with commissioner of school and public lands--Contents of map.

31-20-3    Ascertainment of value of land--Inspection and appraisal--Minimum price--Damages.

31-20-4    Payment--Time for conveyance of land--Execution of conveyance--Reversion for nonuser.

31-20-5    Sale or donation of county tax lands for highway purposes--Appraisement and public sale unnecessary--Filing plat or dedication rendering subsequent sales subordinate--Procedure for conveyance--Reversion for nonuser.

31-20-6    Consideration--Amount necessary for redemption--Distribution by county auditor--Distribution pro rata.

31-20-7    Subsequent redemption subject to county's previous sale.

31-20-8    Reconveyance of Indian lands no longer used for highway purposes--Reconveyance with easement for highway purposes--Recitals in deed.

31-20-9    Deed by state--Proper officials.

31-20-10    Deed by county--Proper officials.



31-21 HIGHWAY DRAINAGE DITCHES
CHAPTER 31-21

HIGHWAY DRAINAGE DITCHES

31-21-1      Affidavit that ditch should be opened--Contents of affidavit--Notice of meeting of board of county commissioners--Examination of premises.
31-21-2      Form of notice.
31-21-3      Filing of notice and affidavit--Service on landowner--Nonresident landowners.
31-21-4      Return of service--Nonresident landowners--Publication of notice--Posting of notice--Time of publication or posting.
31-21-5      Examination of land--Hearing reasons for and against ditch--Decision--Assessment of damages in favor of landowner.
31-21-6      Benefits to landowner as factor in fixing damages--Fixing damages by agreement--Writing and filing agreement--Agreement as conclusive.
31-21-7      Laying out and opening ditch--Statement respecting decisions and damages--Filing of statement--Record kept by county auditor.
31-21-8      Payment to landowner before opening of ditch.
31-21-9      Appeal from decision to open ditch--Procedure applicable.
31-21-10      Failure to appeal--Time decision becomes final--Opening of ditch--Landowner's instructions as to line of ditch.
31-21-11      Entry upon land for maintenance of ditch.
31-21-12      Civil liability for obstruction of ditch.
31-21-13      Obstruction of ditch as misdemeanor.



31-22 CONDEMNATION OF EASEMENTS FOR ISOLATED TRACTS
CHAPTER 31-22

CONDEMNATION OF EASEMENTS FOR ISOLATED TRACTS

31-22-1      Right to access from isolated tract to highway.
31-22-2      Inability to agree with servient landowner--Application to board of county commissioners--Contents of application--Notice to servient landowner--Contents of notice--Service of notice.
31-22-3      Visit to land--Width of right-of-way--Convenience of parties--Use of section line or governmental fractional subdivision.
31-22-4      Assessment of damages--Report to county auditor--Destruction of records.
31-22-5      Appeal by servient landowner--Trial de novo--Procedure for appeal--Costs.
31-22-6      Right to easement complete upon payment of damages or refusal thereof--Payment of costs of proceedings--Fees and mileage of county commissioners.
31-22-7      Responsibility for erecting fence--Easement separating farms--Easement through one farm--Gates--Law of partition fences applicable.
31-22-8      Maintenance of right-of-way by dominant landowner.



31-23 PERFORMANCE BONDS ON HIGHWAY CONTRACTS
CHAPTER 31-23

PERFORMANCE BONDS ON HIGHWAY CONTRACTS

31-23-1      Performance bond required--Amount of bond--Conditions of bond.
31-23-2      Laborer's or materialman's suit on bond--Time for payment.
31-23-3      Subcontractor's creditors' right of action on bond--Time for payment--Written notice required--Contents of notice--Service of notice.
31-23-4      Title of suit--Venue--Limitations--Costs and expenses.
31-23-5      Remedy as exclusive.



31-24 HIGHWAY INTERSECTIONS AND PRIVATE ENTRANCES
CHAPTER 31-24

HIGHWAY INTERSECTIONS AND PRIVATE ENTRANCES

31-24-1      Duty of highway authorities to provide access to abutting property at public expense--New construction.
31-24-2      Approaches necessitated by highway construction--Maintenance.
31-24-3      Limitation on number of farm entrances--Additional entrances at owner's expense.
31-24-4      Additional entrances to property previously having more than one farm entrance--Limitations.
31-24-5      Construction on private property prohibited.
31-24-6      Entrance to existing highway at owner's expense--Permit--Construction in accordance with approved plans.
31-24-7      Interference with drainage--Obstruction of right-of-way.
31-24-8      Repealed.
31-24-9      Approaches to highway grade crossings--Failure to perform duty to provide--Petty offense.
31-24-10 to 31-24-16. Repealed.



31-25 FENCES, CATTLE WAYS AND LIVESTOCK GUARDS
CHAPTER 31-25

FENCES, CATTLE WAYS AND LIVESTOCK GUARDS

31-25-1      Fences across highways--Petition by adjacent landowners--Notice and hearing--Gates or grates required.
31-25-1.1      Fences erected across unimproved section-line highways--Gates--Access to highways protected--Violation as misdemeanor.
31-25-2      Cattle ways authorized--Application to highway authority--Designation of construction particulars--Maintenance by landowner.
31-25-3      Failure of landowner to maintain cattle way--Repair by highway authorities--Recovery of cost.
31-25-4      Livestock guards across county or secondary highways authorized--Guards not considered highway obstruction.
31-25-5      Dimensions of livestock guard--Passage for wider vehicles.
31-25-6      Authority of governing body required--Removal of livestock guard on order of governing body.
31-25-7      Appeal from order authorizing or forbidding livestock guard--Procedure for appeal--Trial de novo.
31-25-8      Appeal upon failure of governing body to act on request for authorization.
31-25-9      Livestock guards constructed prior to enactment of statute.
31-25-10      Regulatory signs for unfenced roads in livestock grazing area--Application for erection.
31-25-11      Uniform signs.
31-25-12      Cost of signs.



CHAPTER 31-26

UTILITY LINES ALONG AND ACROSS HIGHWAYS

31-26-1    Application to board of county commissioners to erect poles and wires or to bury cable for electricity and telephone--Period covered by application--Regulation by Legislature.

31-26-2    Exclusive grant prohibited.

31-26-3    Location of poles, fixtures or underground cable--Appeal to commission and circuit court--Procedure.

31-26-4    Change of line upon change of highway--Notice.

31-26-5    Lines or cable maintained in accordance with National Electrical Safety Code--Compliance establishes due care in negligence claim.

31-26-6    Negligent construction of lines--Inductive interference--Expense of correction--Burden of proof--Liability in absence of negligence--Lines properly constructed.

31-26-7    Telephone lines--Compliance with other statutes.

31-26-8    "Person" including other entities.

31-26-9    Noncompliance with requirements as petty offense.

31-26-10    Application to county auditor--Telephone lines excepted.

31-26-11    Contents of application--Central plant location--Route--Telephone lines.

31-26-12    Rural electrification lines throughout county--Definition of rural electrification.

31-26-13    Application presented to board of county commissioners--Notice of hearing.

31-26-14    Action by board--Period of delay.

31-26-15    Application granted--Adjustment with other utilities--Apportionment of costs--Telephone companies.

31-26-16    Conformity to public utilities commission order.

31-26-17    Appeal by aggrieved parties--Trial de novo--Appeal during vacation.

31-26-18    Change of route--Change by county board--Appeal--Procedure.

31-26-19    Minimum height of utility lines--Liability for damage to lines below minimum height.

31-26-20    Cost of adjusting lines to minimum height--Acquisition of new highway right-of-way--Items excluded from cost.

31-26-21    Liability for damage for negligent construction or maintenance of line.

31-26-22    Electrical lines, pipelines, communication lines and other utilities--Permits--Rules--Compliance with National Electrical Safety Code establishes due care in negligence claim.

31-26-23    Relocation or removal of electrical lines, communication lines, and pipelines--Procedural requirements.

31-26-23.1    Agreements with owners of utility lines and facilities for future relocation--Limitation.

31-26-24    Rural water pipelines covered by chapter.

31-26-25    Construction of rural water or livestock pipeline on public highway--Application--Countywide authorization--Ordinance--Nature of interest.

31-26-26    Relocation of pipeline--When required.

31-26-26.1    Relocation of a livestock pipeline--Request--Approval.

31-26-26.2    Liability on construction or maintenance of pipeline--County recovery--Venue.

31-26-27    Municipal utility lines--Provisions applicable.



31-27 RAILROAD CROSSINGS
CHAPTER 31-27

RAILROAD CROSSINGS

31-27-1      Power of Department of Transportation respecting grade crossings--Expenses of alteration or abolition of crossing.
31-27-2      Power of Department of Transportation respecting details of grade crossing--Approval of plans and specifications--Separation of grade--Watchmen and safety systems.
31-27-2.1      Railroad responsibility for crossing maintenance after abandonment of right-of-way--Transfer of responsibility.
31-27-3      Filing required for establishment of crossing--Approval.
31-27-4      Repealed.
31-27-5      Expense of eliminating crossings.
31-27-6      Expense of land appropriated for relocation of crossings.
31-27-7      Determination to eliminate crossing when no right-of-way is needed.
31-27-8 to 31-27-10.      Repealed.
31-27-11      Grading and approaches if no right-of-way needed.
31-27-12      Determination to eliminate dangerous crossing when new right-of-way is necessary.
31-27-13, 31-27-14.      Repealed.
31-27-15      Purchase or condemnation of new right-of-way--Plats prepared by transportation department or county highway superintendent.
31-27-16      Repealed.
31-27-17      Cost of right-of-way, grading, and approaches.
31-27-18      Minimum overhead clearance--Width of roadway--Approaches.
31-27-19      Repealed.
31-27-19.1      Cost of repair and maintenance of railroad and highway crossings apportioned on basis of benefit.
31-27-20      Railroad right-of-way defined.
31-27-21      Railroad and highway crossing defined.



CHAPTER 31-28

HIGHWAY MARKERS AND SIGNS

31-28-1    Marking of highways with standard design--Numbers to correspond with official maps.

31-28-2    Directional signs at highway branches.

31-28-3    31-28-3. Repealed by SL 1984, ch 207, § 68

31-28-4    Description of routes selected for marking--Previously marked routes to conform.

31-28-5    Standard traffic control devices and markings--Adoption and erection--Uniformity of design.

31-28-6    Warning signs at points of danger--Maintenance--Violation as misdemeanor.

31-28-7    Railway crossing signs--Maintenance--Violation as misdemeanor.

31-28-7.1    Legally abandoned and nonoperational track defined.

31-28-7.2    Notice of nonoperational track becoming operational.

31-28-8    Erection of unofficial signs prohibited--Misdemeanor--Emergencies--Approval by Department of Transportation.

31-28-9    31-28-9. Superseded

31-28-10    Marking intrastate and interstate highways--Uniformity--Conformity with other states.

31-28-10.1    Standards for supplemental guide signs--Rules--Definition.

31-28-10.2    Safety as prime consideration in supplemental guide signs--Traffic generating capacity secondary.

31-28-10.3    Supplemental guide signs for smaller institutions.

31-28-11    Markings to conform to uniform national signing standards on streets and roads constructed with federal aid.

31-28-12    Markings on highways under commissioners' jurisdiction--Distances between third class municipalities--Cost of markings.

31-28-13    Markings by local authorities--Local regulations not enforceable in absence of sign--Location and legibility of sign.

31-28-14    Unauthorized signs, markers, and signals prohibited--Authorization to organization.

31-28-15    31-28-15. Repealed by SL 1984, ch 207, § 72

31-28-16    Arterial highways--Right-of-way--Violation as misdemeanor.

31-28-17    Hazardous intersections--Railroad crossings--Warning signs--Violation as misdemeanor.

31-28-18    31-28-18. Superseded

31-28-19    Markings resembling official signs--Obscuring official sign--Violation as misdemeanor.

31-28-20    Commercial or political campaign advertising--Violation as misdemeanor.

31-28-21    Signs on private property.

31-28-22    Prohibited sign as nuisance.

31-28-23    Tampering, molesting, or interfering with markers, signs, or control devices--Violation as misdemeanor--Liability for costs.

31-28-23.1    Civil penalty for tampering, removing, or interfering with highway marker, sign, or control device.

31-28-24    31-28-24. Superseded

31-28-25    Traffic light control.

31-28-26    31-28-26, 31-28-27. Repealed by SL 1984, ch 207, §§ 74, 75

31-28-28    Unauthorized possession of official signs or markers as misdemeanor.

31-28-29    Activities of technical professionals not limited.



CHAPTER 31-29

HIGHWAY BEAUTIFICATION AND REGULATION OF ADVERTISING

31-29-1    Billboards near cemetery--Violation as misdemeanor.

31-29-2    Obstruction of highway or to vision--Violation as misdemeanor.

31-29-3    31-29-3. Superseded

31-29-4    31-29-4 to 31-29-7. Repealed by SL 1979, ch 202, § 20

31-29-8    31-29-8. Repealed by SL 2010, ch 145, § 150.

31-29-9    31-29-9 to 31-29-11. Repealed by SL 1979, ch 202, § 20

31-29-12    Rest areas and facilities--Commercial accommodations prohibited.

31-29-13    Interest in land acquired--Acquisition by gift, purchase, exchange, or condemnation.

31-29-14    31-29-14. Repealed by SL 2010, ch 145, § 153.

31-29-15    31-29-15. Repealed by SL 1977, ch 246, § 22

31-29-16    31-29-16 to 31-29-23. Repealed by SL 1979, ch 202, § 20

31-29-24    31-29-24, 31-29-25. Repealed by SL 1973, ch 192, § 16

31-29-26    31-29-26. Repealed by SL 1979, ch 202, § 20

31-29-27    31-29-27, 31-29-28. Repealed by SL 1973, ch 192, § 16

31-29-29    31-29-29, 31-29-30. Repealed by SL 1979, ch 202, § 20

31-29-31    31-29-31 to 31-29-38. Repealed by SL 1976, ch 20, § 14

31-29-39    31-29-39 to 31-29-41.1. Repealed by SL 1979, ch 202, § 20

31-29-42    31-29-42. Repealed by SL 1973, ch 192, § 16

31-29-43    31-29-43 to 31-29-48. Repealed by SL 1977, ch 246, § 22

31-29-49    31-29-49. Repealed by SL 1973, ch 192, § 16

31-29-50    31-29-50 to 31-29-58. Repealed by SL 1977, ch 246, § 22

31-29-59    Maps, directories, and pamphlets at rest areas--Advertising and media display at information centers.

31-29-60    Compensation for removal of nonconforming signs--Federal contributions.

31-29-61    Legislative policy on outdoor advertising along interstate and primary highways.

31-29-62    Definition of terms.

31-29-63    Advertising prohibited within specified distances of main-traveled way--Exceptions.

31-29-63.1    Notice to owner to remove nonconforming sign--Removal by department at owner's expense.

31-29-63.2    Abandoned sign--Determination.

31-29-63.3    "Available for lease" and public service messages.

31-29-63.4    On-premise signs.

31-29-64    Advertising prohibited within certain distance of interstate or limited access highway interchanges, intersections at grade, or rest areas--Measurement.

31-29-65    Size standards and criteria.

31-29-66    Lighting standards and criteria.

31-29-67    Spacing standards and criteria.

31-29-67.1    Maintenance of signs.

31-29-68    Local zoning authority's determination in lieu of size, lighting, and space controls.

31-29-69    Blanket prohibition by local authority not authorized--Reasonableness required.

31-29-70    Unzoned commercial or industrial area defined--Measurements--Designation terminated after cessation of commercial or industrial activity.

31-29-71    Permit required to maintain sign--Sign without permit as nuisance--Abatement.

31-29-71.1    Fee for permit--Exception.

31-29-71.2    Duration of permit--Renewal--Fee in lieu of property tax.

31-29-71.3    Disposition of fee revenue.

31-29-71.4    Certain signs exempt from permit requirement.

31-29-71.5    Municipal signs exempt from permit requirement.

31-29-71.6    Conforming permit.

31-29-71.7    Nonconforming permit.

31-29-71.8    Criteria for outdoor advertising--Zoned commercial adjacent to interstate system outside municipality.

31-29-71.9    Criteria for outdoor advertising--Zoned commercial in quadrant of interstate interchange with no service road.

31-29-71.10    Criteria for outdoor advertising--Zoned commercial in quadrant of interstate interchange with service road.

31-29-71.11    Criteria for outdoor advertising--Zoned commercial adjacent to interstate with municipality.

31-29-71.12    Criteria for outdoor advertising--Zoned commercial adjacent to primary system.

31-29-71.13    Commercial or industrial activity.

31-29-71.14    Applications for permits--Forms provided.

31-29-72    Acquisition of nonconforming signs--Compensation required--Removal not required unless necessary funds available and compensation paid.

31-29-72.1    31-29-72.1. Repealed by SL 2010, ch 145, § 161.

31-29-72.2    Priority in removal of advertising.

31-29-73    Takings requiring compensation.

31-29-73.1    Highway fund used to pay for signs removed.

31-29-74    31-29-74. Repealed by SL 1979, ch 202, §§ 12, 20

31-29-75    Removal or valuation by amortization schedule prohibited--Owners of signs and property guaranteed just compensation.

31-29-76    31-29-76 to 31-29-79. Repealed by SL 1979, ch 202, § 20

31-29-80    31-29-80. Repealed by SL 2010, ch 145, § 162.

31-29-80.1    Directional sign program.

31-29-80.2    Funding of directional sign program.

31-29-80.3    Standards for directional signs submitted to federal government--Rules.

31-29-80.4    Procedure for authorizing directional signs--Compliance with rules.

31-29-80.5    Attraction defined.

31-29-81    31-29-81. Repealed by SL 1979, ch 202, § 20

31-29-82    Repair of sign permitted until actual removal--Maximum expenditure.

31-29-83    Commercial activities in rest areas or information centers prohibited--Exceptions.

31-29-84    31-29-84 to 31-29-87. Repealed by SL 1991, ch 235, §§ 6 to 9



31-30 JUNK YARDS ALONG HIGHWAYS
CHAPTER 31-30

JUNK YARDS ALONG HIGHWAYS

31-30-1      Regulation of junk yards adjacent to interstate and primary highways--Nonconforming junk yards as public nuisances.
31-30-2      Definitions.
31-30-3      Nonconforming junk yards prohibited--Proximity to highway--Screening.
31-30-4      Screening preexisting junk yards.
31-30-5      Rules respecting screening.
31-30-6      Acquisition of junk yards that cannot be screened.
31-30-7      Acquisition of land to provide screening.
31-30-8      Acquisition of land for relocation where adequate screening not feasible.
31-30-9      Injunction to abate nuisance.
31-30-9.1      Repealed.
31-30-10      Expenditure of funds for regulation of junk yards.
31-30-11      Agreements with United States.
31-30-12      More restrictive regulation not affected.
31-30-13, 31-30-14. Repealed.



CHAPTER 31-31

WEED REMOVAL ALONG HIGHWAYS

31-31-1    Weed removal on state or county roads.

31-31-2    Weed removal on township roads--Duty of abutting landowner.

31-31-3    Time for weed removal.

31-31-4    Employment of assistance in weed removal.

31-31-5    Failure of abutting landowner to remove weeds--Removal by board of supervisors--Compensation for removal.

31-31-6    Payment for cleanup by landowner or township--Election to determine.

31-31-7    31-31-7. Superseded



CHAPTER 31-32

HIGHWAY OBSTRUCTIONS AND DEFECTS

31-32-1    Intentionally damaging highway or bridge--Felony.

31-32-2    31-32-2, 31-32-3. Repealed by SL 1974, ch 242, § 18

31-32-3.1    Intentional dumping on highway right-of-way prohibited--Violation as misdemeanor.

31-32-3.2    Authorized dumping on highway right-of-way.

31-32-4    Intentional destruction of tollhouse or turnpike gate--Felony.

31-32-5    Placing barbed wire across traveled road without visible obstruction--Petty offense--Civil liability.

31-32-6    Duty to notify where bridge or highway is obstructed.

31-32-7    Destruction, etc., of highway grade or ditch--Violation as misdemeanor.

31-32-8    Civil liability for violating § 31-32-3.1, 31-32-6, or 31-32-7--Attorney fees.

31-32-9    Duty of governing body to remove obstructions or repair--Recovery of expense from wrongdoer--Temporary obstruction for building purposes.

31-32-10    Governing body to place guards on damaged road--Time to erect--Abandoned road--Penalty.

31-32-11    31-32-11. Repealed by SL 1986, ch 4, § 8

31-32-12    Bridges over ditches and canals excepted from notice requirements.

31-32-13    Business requiring use of highway by customers as misdemeanor--Exceptions.

31-32-14    Approved ingress and egress excepted from highway use restriction.

31-32-15    Unlawful use of right-of-way as public nuisance.

31-32-16    Objects likely to fall on highway as public nuisance.

31-32-17    Negotiation with owner for abatement of nuisance.

31-32-18    Failure of owner to abate nuisance--Civil action--Cost charged against owner.



31-33 MUNICIPAL ARTERIAL STREET SYSTEMS
CHAPTER 31-33

MUNICIPAL ARTERIAL STREET SYSTEMS

31-33-1      "Arterial street" defined.
31-33-2      Requirement for establishment of arterial street system.
31-33-3      Trunk highway system not included in arterial street system--Total mileage limitation.
31-33-4      Legislative intent--Joint planning between first or second class municipality, county and state officials--Integrated system of state highways and arterial streets.
31-33-5      Adoption of arterial street system by governing body--Recording with Department of Transportation.
31-33-6      Filing map and description of system in county and city auditor's offices and city engineer's office.
31-33-7      Additions, relocations, or deletions from arterial street system.
31-33-8      Additions--Total mileage limitation and recording requirements applicable.
31-33-9      Relocations or deletions--Notice and hearing--Recording requirement applicable.
31-33-10      Jurisdiction and supervision of construction, improvement and marking of system--Agreements for participation in federal or state programs.



CHAPTER 31-34

RURAL ACCESS INFRASTRUCTURE

31-34-1    Definition.

31-34-2    Money distribution by state--Inventory--Grants.

31-34-3    Distribution of moneys by county--Permissible uses--Use of unobligated moneys.

31-34-4    Application process.

31-34-5    Criteria for award--Application resubmission.

31-34-6    Township eligibility--Plan and annual report--Tax requirement.

31-34-7    Township eligibility--Contents of plan--Updates.

31-34-8    County use of funds conditioned.