68-543. In counties under county unit road system; culverts over ditches in front of private property; costs by county or city; additional culverts or new entrances; costs to owner; procedures; penalt
68-543
68-543. In counties under county unit road system;culverts over ditches in front of private property; costs bycounty or city; additional culverts or new entrances; costs to owner;procedures; penalty.(a) In counties having adopted the county unit road system, whenever itis necessary for a city or county to make a ditch along a public road infront ofany property at such depth as will in the opinion of the officials incharge of such road obstructaccess from suchproperty with the public highway, it shall be the duty of the city engineerin cities and the county engineer in countiestocause to be constructed and maintained a substantialentranceover such ditch, so as to make a good, safe crossing.The city shall pay for such improvement on city streets and the countyshallpay for such improvement on county roads.The costof such culvert shall be paid by the owner of suchproperty when such property does nothave a culvert and the installationof such culvert is requested by the property owner or suchproperty owner's agent. All moneysfor the payment of such materials shall be deposited in thecity general fund, in case of cities, or county road and bridge fund, in caseof counties.
(b) Whenever any property owner shall request an additional culvert ornewentrance on a county road, the culvert or newentrance may be installed by the county engineer and the costcharged to the property owner. The countyengineer may require theproperty owner to deposit the estimated cost of such installation beforeinstalling and constructing the culvert or new entrance, orthe property owner mayinstall and construct such additional culvert or new entrance, but onlyafter first obtaining approval of plans and permission to do sofrom the county engineer. Any such work shall be done by theowner subjectto the direction and supervision of the county engineer.
(c) Whenever any property owner shall request an additional culvert or newentrance on a city street, the culvert or new entrance may be installed bythe city engineer and the cost thereof charged to the property owner. The cityengineer may require to property owner to deposit the estimated cost of suchinstallation before installing and constructing the culvert or new entrance,or the property owner may install and construct such additional culvert ornewentrance, but only after first obtaining approval of plans therefor andpermission to do so from the city engineer. Any such work shall be done by theowner subject to the direction and supervision of the city engineer.
(d) It shall be apublic offense for any property owner or other person to construct aculvert or entrance across any ditch along a public road without firsthaving secured approval of the plans therefor and permission to do so fromthe county engineer for county roads or the city engineer for citystreets. Any person who shall violate the provisions of thissection shall, upon conviction thereof, be fined not less than $50 normore than$100.
History: L. 1917, ch. 264, § 50; R.S. 1923, 68-543; L. 1953, ch. 303, § 1; L.1957, ch. 363, § 1;L. 2004, ch. 38, § 2; July 1.