68-703. Survey, map, plans and specifications; estimates of costs; changes in road; eminent domain, procedure; appeal from award.
68-703
68-703. Survey, map, plans and specifications; estimates of costs; changesin road; eminent domain, procedure; appeal from award.After finding the improvements to be of public utility the board shallcause an accurate survey of the roads to be made and a profile thereof,a map of the benefit district, plans and specifications for theimprovement and estimates of the cost to be prepared by the countyengineer, the state transportation engineer or by some experienced andcompetent engineer employed for that purpose. Such plans andspecifications shall be for the type or types of improvement and widthor widths of roadway specified in the petition, except at public roadintersections where the width of the roadway may be altered. When thepetition filed for the improvement of a road describes a road which hasnot been legally established as a public road, when additionalright-of-way is necessary for the construction of the type or types ofroad specified in the petition, when unsurmountable obstacles areencountered on the route described in the petition or when it is foundnecessary to relocate the road for the purpose of eliminating sharpturns or other dangerous places, the board of county commissionersby order shall lay out, alter or widen a public road and mayvacate an existing road.
All land required for the laying out, widening or altering of a roadshall be acquired by the board of county commissioners by purchase or bydonation. If any owner of the land shallrefuse to sell or donate the land, the board of county commissioners mayexercise the right of eminent domain in thefollowing manner: The board of county commissioners by order shall determinethe nature of the changesrequired in such road, the approximate amount of land required to betaken and the time and place at which theroad will be viewed. The board shall publish a notice once in the officialcounty paper not less than15 days and not more than 25 days before viewing the roadand by sending notice by certified mail to the owners of the property adjoiningthe road, at the address where the owner's tax statement is sent. Such notice shall setout the substance of the order and its date, the time and place thecommissioners will commence to view the road, the changes requiredand the time and place of the hearing on the changes.
The board shall direct the county engineer to meet with theboard at the time and place set for viewing the road, unless the new locationsof roads made necessary by thechanges have already been definitely surveyed and located. On the date statedin the notice or on the following day, the countycommissioners shall meet at the place stated in the notice and proceedto view the road and changes required. The board shall alsoview all lands requiredto be taken for the relocation, laying out, altering or widening of thehighway for the purposes described in this section and appraise thevalue of such lands and assess the damages thereto. The board shall forthwith file inthe office of the county clerk a written report of the board's findings,along with the plat of the road as changed.
All applications for damages must be filed in writing with the countyclerk on or before the first day of the next regular session of theboard following the filing of the report, and the board shall at suchregular session finally determine upon the amount to be paid as damagesto any owner of any land. The amounts so allowed shall bepaid from the special fund provided for the construction of the road inthe benefit district, or for a section or project, as the board maydetermine.
The right of appeal from the award of damages made by the board ofcounty commissioners shall be the same as is now provided by law inother road cases, but such appeal shall not delay any work upon or inrelation to the road. If the board so requests, separateestimates of the cost of different sections of the road and of allbridges and culverts shall be prepared. If such map, profile, plans,specifications and estimates are not prepared by the statetransportation engineer or under the engineer'ssupervision, they shallbe submitted to the engineer for approval.After final approval of theplans, specifications and estimates by the state transportationengineer, they shall be filed with the county clerk andthe plans and specifications shall be open for public inspection.
History: L. 1909, ch. 201, § 3; L. 1917, ch. 265, § 3; L.1919, ch. 246, § 3; R.S. 1923, 68-703; L. 1927, ch. 251, § 1; L. 1975,ch. 427, § 129; L. 1981, ch. 173, § 72; July 1.