TITLE 40

HIGHWAYS AND BRIDGES

CHAPTER 23

MISCELLANEOUS PROVISIONS

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, or agent, or by posting the notice on the fence. If removal is not accomplished within ten (10) days, or commenced and prosecuted as speedily as possible, the director of highways may cause it to be carefully removed at the expense of the owner, and recover from him the cost of removal. The fence material may be sold to satisfy the judgment.

History:

[40-2317, added 1985, ch. 253, sec. 2, p. 697.]