§ 14-298-121 - Opening or altering roads in counties voting for road tax generally.
14-298-121. Opening or altering roads in counties voting for road tax generally.
(a) (1) The county courts shall have power to:
(A) Open new roads;
(B) Make changes in old roads as they may deem necessary and proper; and
(C) Classify the roads and bridges in their respective counties for the purpose of this chapter.
(2) (A) When the change is made or any new road is opened, the road shall be located on section lines as nearly as may be, taking into consideration the conveniences of the public travel, contour of the country, etc.
(B) Roads hereafter established or opened as public roads shall not be less than fifty feet (50') wide, providing a minimum of twenty-five feet (25') of right-of-way on either side of the center line.
(3) An appropriate order of the county court shall be made and entered of record.
(b) (1) Any five (5) or more interested landowners may petition the county court for the opening of any road as a public road.
(2) The petition shall give the starting point and terminus of the road, as well as intermediate points, and other description or plat that permits the location of the road by the county surveyor.
(c) (1) The petition shall be accompanied by a bond signed by at least one (1) of the petitioners and by other good and sufficient sureties.
(2) The bond shall provide for reimbursing the county for any claims that may be sustained against the county for lands taken by opening of the road.
(d) (1) On filing the petition, the county court shall set a date for the hearing.
(2) (A) It shall be the duty of one (1) of the petitioners to give at least thirty (30) days' notice in writing to the owners as required by 14-298-108.
(B) If service is not obtained, then by one (1) insertion for two (2) weeks in some newspaper published and having a general circulation in the county, the county clerk shall publish a notice as to the filing of the petition and naming the day on which the county court will hear the parties and those for and against the opening of the road.
(e) On the day named, the county court shall hear those for and against the opening of the petitioned-for road and shall grant or deny the prayer of the petitioners as they may be deemed wise and expedient by the court and shall make and cause to be entered an appropriate court order either laying out the road or denying the petition.
(f) If the owner of the land over which any road shall hereafter be so laid out by the court shall refuse to give a right-of-way therefor or to agree upon the damages therefor, then that owner shall have the right to present his or her verified claim to the county court for such damages as the owner may claim by reason of the road being laid out on his or her land, and if the owner is not satisfied with the amount allowed by the court, the owner shall have the right to appeal as now provided by law from judgments of the county court.
(g) (1) However, no claim shall be presented for the damages after twelve (12) months from the date of the order laying out or changing any road.
(2) When the order is made and entered of record laying out or changing any road, the county court or county judge shall have the right to enter upon the lands of the owner and proceed with the construction of the road.
(3) All damages allowed under this chapter shall be paid out of any funds appropriated for roads and bridges, and if no such funds exist, then damages shall be paid out of the general revenue fund of the county.