24-06-29. Removal of permanent obstructions - Removal of obstructions and traffic
326 words·~1 min read·
/nd/title-24/chapter-24-06-local-road-improvements/24-06-29·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
safety hazards - Cost.
1. If a person places or causes to be placed a permanent obstruction within the vertical
plane of thirty-three feet [10.06 meters] of any section line or within the right of way of
any highway, the board of county commissioners or board of township supervisors, as
appropriate, when a public highway is opened, shall notify the owners of adjacent
property to remove the permanent obstruction. Written notice by registered mail to the
record owner of the adjacent property mailed to the owner's last-known address and to
any other persons in possession of the property constitutes valid notice. If the owners
fail to remove the permanent obstruction within thirty days after the notice is mailed,
the board of county commissioners or the board of township supervisors, as
appropriate, shall remove the permanent obstruction. The cost of removal must be
entered the same as taxes against the adjacent property and paid in the same manner
as taxes.
2. If a person places or causes to be placed an obstruction or traffic safety hazard within
the vertical plane of thirty-three feet [10.06 meters] of any section line or within the
right of way of any highway road surface, the board of county commissioners or board
of township supervisors, as appropriate, shall issue a written order to the person who
caused the obstruction or traffic safety hazard to be placed there to remove the
obstruction or traffic safety hazard. If the person notified fails to remove the obstruction
or traffic safety hazard as soon as practical after the notice is received, the board of
county commissioners or board of township supervisors, as appropriate, shall remove
the obstruction or traffic safety hazard. The person responsible for placement of the
obstruction or traffic safety hazard is responsible and may be billed for any costs
incurred by the county or township for removal of the obstruction or traffic safety
hazard.
3. Subsection 2 does not apply to railroad facilities.