Title 40 — HIGHWAYS AND BRIDGES

40-601. Districts established by commissioners. Whenever the commissioners of any county shall have caused to be described by an order made and entered upon its records any defined portion of contiguous territory, located wholly within the county, for the construction, improvemen…

40-602. Boundaries. The boundaries of each highway district shall be the same as are described by metes and bounds or other legal description upon the minutes or records of the commissioners of the respective county and upon copies of those records duly certified.

40-603. County highways recommended by commissioners — Approved by board. The commissioners of each county shall recommend highways for the county highway system to the board at least once a year and in a manner and form to be prescribed by the board. All recommendations shall cl…

40-604. Duties and powers of commissioners. Commissioners shall: (1) Exercise general supervision over all highways in the county highway system, including their location, design, construction, reconstruction, repair and maintenance, and develop general policies regarding highway…

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 mo…

40-606. Condemnation of rights-of-way. (1) Whenever the commissioners or their director of highways shall be unable to agree with any person for a parcel of land, or the person shall be unknown or a nonresident of the county, or a minor, or an insane or incompetent person, the co…

40-607. County and highway district highway system construction, maintenance and right-of-way costs borne by the responsible county or highway district — Exceptions. The costs of constructing, reconstructing, maintaining and acquiring rights-of-way for highways in a county highwa…

40-608. Record of highway proceedings. The clerk of the commissioners shall keep a book in which must be recorded separately all proceedings of the commissioners relative to each highway division, including orders laying out, altering, and opening highways; and in a separate book…

40-609. Contracts to use dams as highways. Commissioners are empowered to make contracts in a form and under conditions deemed proper with the persons or corporations owning or proposing to construct any dam across any river in the state, providing for the use of the dam either i…

40-610. Report of condition of highways — Filing. On or before the first day of November in each year, the commissioners shall make a report of the condition of the work, construction, maintenance and repair of all the highways within the county, accompanied by a map or maps of t…

40-611. Report of financial condition — Publication. On or before the first day of November of each year, the commissioners shall make and file in its office a full, true and correct statement of the financial condition of the county in respect to highways as it exists on the fir…

40-612. Commissioners — Highway contracts. No commissioner shall have interest directly or indirectly in any contract awarded or to be awarded by the commissioners, or in the benefits to be derived from them. A violation of this provision shall be a misdemeanor, and a conviction …

40-613. Jurisdiction in adjoining counties. Commissioners of each county are empowered to lay out, build, repair, improve and maintain highways and bridges in any adjoining county whenever it shall appear to the commissioners that the laying out, building, repairing, improving or…

40-614. Service of notice on chairman or clerk of commissioners of adjoining county. At least thirty (30) days before the commissioners of a particular county shall proceed to do any work in any adjoining county, it shall cause a notice to be served, in writing, on the chairman o…

40-615. County and district boards — Cooperation with state. Commissioners of any county, or the board of commissioners of any highway district, are empowered to cooperate with the state in the construction of highways or bridges, with aid from the United States or the state. The…

40-616. Sidewalks or side paths. Commissioners and boards of commissioners of any highway district are empowered to set apart on and along any public highway outside the boundaries of incorporated cities a strip of land not exceeding eight (8) feet in width for a sidewalk or side…

40-617. Contracts for repair of highways. Commissioners shall, at least three (3) weeks prior to their regular meeting in October or March, or at other times as may become necessary, cause notice to be published in a newspaper, published in the county, for sealed bids to be recei…

40-618. Appointment of county director of highways. The commissioners of each county may appoint and employ a county director of highways, who shall be a person qualified in highway administration, construction and maintenance, to handle the technical and administrative phases of…

40-619. Duties and powers of county director of highways. The county director of highways shall: (1) Prepare and submit each year for the approval of the commissioners a tentative highway budget covering all proposed expenditures for the ensuing year. (2) Divide the county into a…