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This entry was published on 2014-09-22
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SECTION 103-A
Obstructions and removals
Highway (HAY) CHAPTER 25, ARTICLE 5
§ 103-a. Obstructions and removals. Obstructions, within the meaning
of this section, shall include trees which have been cut or have fallen
either on adjacent lands or within the bounds of the highway, in such a
manner as to interfere with public travel therein; limbs of trees which
have fallen within the highway, or branches of trees overhanging the
highways so as to interfere with public travel therein; lumber, wood or
logs piled within the bounds of the public highway; machines, vehicles
and implements abandoned or habitually placed within the bounds of the
highway; fences, buildings or other structures erected within the bounds
of the highway; earth, stone or other material placed in any ditch or
waterway along the highway; telegraph, telephone, electric and other
poles, and the wires connected therewith, erected within the bounds of
the highway in such a manner as to interfere with the use of the highway
for public travel.

It shall be the duty of each owner or occupant of lands situate along
the highway, to remove all obstructions except such structures as have
been placed or erected by a public utility corporation or for an
otherwise public purpose, within the bounds of the highway, which have
been placed there by such owner or occupant or with his consent. It
shall be the duty of all public utility corporations, to remove and
reset poles and the wires connected therewith, when the same constitute
obstructions to the use of the highway by the traveling public. If
temporary obstructions such as trees, lumber, wood, logs, machinery,
vehicles and similar obstructions are not removed within five days after
the service of a notice by mail or forty-eight hours after the service
of a notice personally, upon such owner or occupant, requesting the same
to be done, the county superintendent of highways shall remove such
obstruction. And if permanent obstructions, including, among others,
telegraph, telephone, electric and other poles and wires connected
therewith, are not moved and reset within thirty days after the service
of a notice personally or by mail upon the owner of such poles or wires,
the county superintendent of highways shall move and reset such poles
and wires. The cost and expenses incurred by the county superintendent
in removing such obstructions may be recovered by the county from any
person or corporation responsible therefor in an action to be instituted
by the county attorney. And all recoveries under this section shall be
credited to the county road fund.