Private roads as public highways, maintenance

K.S.A. 68-124, under GENERAL PROVISIONS.

K.S.A. 68-124

68-124. Private roads as public highways, maintenance. Where under the laws of the state of Kansas, now in existence, or that may hereafter be enacted, any road or highway that is not a county road has been declared to be a public road or highway, it shall be the duty of the township board of the township in which such road is located to repair, place and keep in condition for travel such roads or highway. If such township board shall neglect, refuse or fail to comply with the provisions of this act, the board of county commissioners of the county may repair and put in good condition for travel such road or highway, and shall charge the expenses therefor to the township in which such road is located. History: L. 1919, ch. 250, § 1; R.S. 1923, 68-124; L. 2003, ch. 115, § 1; July 1. Attorney General's Opinions: Maintenance of township road by county. 87-22. Maintenance of township road; agreement with county; termination; duties and liabilities; Kansas tort claims act. 90-113. Classification and designation of roads in noncounty unit road system counties. 91-140. County road unit system; maintenance of roads. 91-163. Transfer of powers and duties of township board to county; procedure; repair and improvement of township roads and bridges; transfer of funds. 1998-56. CASE ANNOTATIONS 1. County may improve road when township officers neglect to. Stock Farm Co. v. Pottawatomie County, 116 Kan. 315, 316, 319, 226 P. 781. 2. Township which failed to maintain township road ordered to reimburse county for performing repairs. Board of Marshall County Comm'rs v. Lincoln Township, 266 Kan. 355, 357, 970 P.2d 54 (1998).