Legislation
SECTION 118-B
Entry upon lands by county superintendent
Highway (HAY) CHAPTER 25, ARTICLE 6
§ 118-b. Entry upon lands by county superintendent. The county
superintendent may, when authorized by the county board, enter
1. Upon any lands adjacent to any county road for the purpose of
opening an existing ditch or drain, or for digging a new ditch or drain
for the free passage of water for the drainage of such road.
2. Upon the lands of any person adjoining rivers, streams or creeks,
to drive piles, throw up embankments and perform such other labor as may
be necessary to keep such rivers, streams or creeks within their proper
channels, and to prevent their encroachment upon county roads or bridges
and culverts thereon.
3. Upon the lands adjoining county roads which, during the spring
freshets or at a time of high water are subject to overflow from such
rivers, streams or creeks, to remove or change the position of a fence
or other obstruction preventing the free flow of water under or through
such road or bridges and culverts thereon, whenever the same may be
necessary for the protection of such roads, bridges or culverts.
4. Upon any lands adjacent to county roads to remove any fence or
other obstruction which causes snow to drift in and upon such roads, and
erect snow fences or other devices upon such lands to prevent the
drifting of snow in or upon such roads.
Where lands are entered upon under the provisions of this section, the
county superintendent shall agree with the owner of such lands, subject
to the approval of the county board, as to the amount of damages, if
any, sustained by such owner in consequence of such entry in performance
of the work authorized by this section, and the amount of such damage
shall be a county charge. If the county superintendent is unable to
agree with such owner upon the amount of damages thus sustained the
amount thereof shall be ascertained, determined and paid in the manner
that damages are so ascertained, determined and paid, where
rights-of-way are necessary for the construction, reconstruction,
improvement or repair of county roads generally and the board of
supervisors is unable to acquire such rights-of-way by purchase.
superintendent may, when authorized by the county board, enter
1. Upon any lands adjacent to any county road for the purpose of
opening an existing ditch or drain, or for digging a new ditch or drain
for the free passage of water for the drainage of such road.
2. Upon the lands of any person adjoining rivers, streams or creeks,
to drive piles, throw up embankments and perform such other labor as may
be necessary to keep such rivers, streams or creeks within their proper
channels, and to prevent their encroachment upon county roads or bridges
and culverts thereon.
3. Upon the lands adjoining county roads which, during the spring
freshets or at a time of high water are subject to overflow from such
rivers, streams or creeks, to remove or change the position of a fence
or other obstruction preventing the free flow of water under or through
such road or bridges and culverts thereon, whenever the same may be
necessary for the protection of such roads, bridges or culverts.
4. Upon any lands adjacent to county roads to remove any fence or
other obstruction which causes snow to drift in and upon such roads, and
erect snow fences or other devices upon such lands to prevent the
drifting of snow in or upon such roads.
Where lands are entered upon under the provisions of this section, the
county superintendent shall agree with the owner of such lands, subject
to the approval of the county board, as to the amount of damages, if
any, sustained by such owner in consequence of such entry in performance
of the work authorized by this section, and the amount of such damage
shall be a county charge. If the county superintendent is unable to
agree with such owner upon the amount of damages thus sustained the
amount thereof shall be ascertained, determined and paid in the manner
that damages are so ascertained, determined and paid, where
rights-of-way are necessary for the construction, reconstruction,
improvement or repair of county roads generally and the board of
supervisors is unable to acquire such rights-of-way by purchase.