335.0415 Public road jurisdiction and transfer process.

198 words·~1 min read·/fl/title-xxvi/chapter-335/335-0415

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)The jurisdiction of public roads and the responsibility for operation and maintenance within the right-of-way of any road within the state, county, and municipal road system shall be that which existed on June 10, 1995.

(2)Notwithstanding any provision of law to the contrary, any change of the jurisdiction of a public road subsequent to July 1, 1995, shall be governed by the provisions set out herein.

(3)Public roads may be transferred between jurisdictions only by mutual agreement of the affected governmental entities.

(4)Decisions to transfer public roads to or from the State Highway System which occur after July 1, 1995, shall be based upon the consideration of criteria including but not limited to the following:

(a)National defense needs;

(b)Travel to and through urban areas;

(c)Access to intermodal facilities including but not limited to airports, seaports, major terminals and transfer points;

(d)Access to regional public facilities; and

(e)Disaster preparedness and emergency evacuation.

(5)In order to take effect, all transfers of public roads to or from the State Highway System must be by mutual agreement of the affected governmental entities and approved by the secretary of the Department of Transportation.