72-3-103 - County roads -- Class B roads -- Construction and maintenance by counties.
72-3-103. County roads -- Class B roads -- Construction and maintenance bycounties.
(1) County roads comprise all public highways, roads, and streets within the state that:
(a) are situated outside of incorporated municipalities and not designated as statehighways;
(b) have been designated as county roads; or
(c) are located on property under the control of a federal agency and constructed ormaintained by the county under agreement with the appropriate federal agency.
(2) County roads are class B roads.
(3) The state and county have joint undivided interest in the title to all rights-of-way forall county roads.
(4) The county governing body exercises sole jurisdiction and control of county roadswithin the county.
(5) The county shall construct and maintain each county road using funds made availablefor that purpose.
(6) The county legislative body may expend funds allocated to each county from theTransportation Fund under rules made by the department.
(7) A county legislative body may use any portion of the class B road funds provided bythis chapter for the construction and maintenance of class A state roads by cooperative agreementwith the department.
(8) A county may enter into agreements with the appropriate federal agency for the use offederal funds, county road funds, and donations to county road funds to construct, improve, ormaintain county roads within or partly within national forests.
Amended by Chapter 324, 2000 General Session