68-544. Tunnels under roads by landowners; approval; costs.
68-544
68-544. Tunnels under roads by landowners; approval; costs.Any person owning land on both sides of the public road may at hisown expense tunnel under such road from one side to the other, but heshall construct such tunnel so as not to endanger the public in the useof said road. Before constructing the said tunnel the landowner shallobtain from the officials in charge of such road and county engineertheir approval of the place, the kind of tunnel, and the manner ofconstructing the same. The officials in charge of such road shall causethe necessary repairs to be made on said bridge or tunnel at the expenseof the owner: Provided, That if a bridge or culvert is a necessarystructure at the place where the owner desires such tunnel, the ownershall pay only the difference between the necessary cost of suchstructure and the cost of making it suitable for the passage oflivestock under the roadway, such difference in cost to be ascertainedand fixed by the county engineer. The actual cost of such repairs if notpromptly paid by the owner of such land shall be certified by the countyengineer to the county clerk, who shall enter the same upon the tax rollin a separate column as a tax charge against such land and the sameshall be collected as other taxes are collected, and when collectedshall be credited to the county road fund if a county road and to theproper township road fund if a township road.
History: L. 1917, ch. 264, § 51; March 7; R.S. 1923, 68-544.