76-8-809 - Closing or restricting use of highways abutting defense or war facilities -- Posting of notices.
76-8-809. Closing or restricting use of highways abutting defense or war facilities --Posting of notices.
Any individual, partnership, association, corporation, municipal corporation or state orany political subdivision thereof engaged in or preparing to engage in the manufacture,transportation or storage of any product to be used in the preparation of the United States or anyof the states for defense or for war or in the prosecution of war by the United States, or in themanufacture, transportation, distribution or storage of gas, oil, coal, electricity or water, or any ofsaid natural or artificial persons operating any public utility who has property so used which heor it believes will be endangered if public use and travel is not restricted or prohibited on one ormore highways or parts thereof upon which the property abuts, may petition the highwaycommissioners of any city, town, or county to close one or more of the highways or parts thereofto public use and travel or to restrict by order the use and travel upon one or more of thehighways or parts thereof.
Upon receipt of the petition, the highway commissioners shall set a day for hearing andgive notice thereof by publication in a newspaper having general circulation in the city, town, orcounty in which the property is located and as required in Section 45-1-101, the publication shallbe made at least seven days prior to the date set for hearing. If, after hearing, the highwaycommissioners determine that the public safety and the safety of the property of the petitioner sorequire, they shall by suitable order close to public use and travel or reasonably restrict the use ofand travel upon one or more of the highways or parts thereof; provided the highwaycommissioners may issue written permits to travel over the highway so closed or restricted toresponsible and reputable persons for a term, under conditions and in a form as thecommissioners may prescribe. Appropriate notices in letters at least three inches high shall beposted conspicuously at each end of any highway so closed or restricted by an order. Thehighway commissioners may at any time revoke or modify any order so made.
Amended by Chapter 388, 2009 General Session