TITLE 40

HIGHWAYS AND BRIDGES

CHAPTER 6

COUNTY COMMISSIONERS AND HIGHWAY OFFICERS

40-605.  laying out of highways — widening or straightening new and existing highways for the primary benefit of motor vehicles. (1) Commissioners may improve existing highways or lay out new highways within the county as they determine necessary to reduce traffic congestion or motorist travel time and for the primary benefit of motor vehicles.

(2)  The right-of-way of any highway shall not be less than fifty (50) feet wide, except to comply with applicable law or in other exceptional cases.

(3)  Existing or new pedestrian and bicycle facilities may only be improved as a secondary or collateral benefit to any highway project or as necessary to improve the safety of pedestrian and bicycle facilities near schools, parks, or other designated pedestrian or bicycle areas.

(4)  For a highway functioning as a non-residential collector or arterial highway, commissioners may only increase the width, straighten, or relocate the highway, except as required by federal law. Commissioners shall not decrease the width of any non-residential collector or arterial highway, unless required by federal law.

(5)  If, in the laying out, widening, or straightening of any highway it becomes necessary to take private property, the commissioners or their director of highways shall cause a survey of the proposed highway to be made, together with an accurate description of the lands required. The commissioners shall endeavor to agree with each owner for the purchase of a right-of-way over the owner’s land included within the description. If they are able to agree with the owner, the commissioners may purchase the land out of the county highway fund under their control, and the land shall then be conveyed to the county for the use and purpose of highways.

History:

[40-605, added 2025, ch. 243, sec. 2, p. 1094.]