§ 14-298-124 - Altering public roads on private land.
14-298-124. Altering public roads on private land.
(a) (1) If any person through whose land a public road is or may be established shall be desirous of turning the road through any other part of his or her land, that person shall apply by petition to the county court to permit him or her to turn the road through any other part of his or her land on as good ground and without increasing the distance to the injury of the public.
(2) Upon presentation of the petition, the person shall present a supporting affidavit to the effect that the proposed change will not materially increase the distance to the injury of the public, together with opinions by supporting affidavits in writing as to the utility or practicability of the alteration.
(b) The court shall declare the new road a public highway if:
(1) The court finds that the prayer of the petition is reasonable and the alteration will not place the road on worse ground or increase the distance to the injury of the public;
(2) The court is satisfied that the new road will be opened by the petitioner, a legal width and, in all respects made as good as the old road was for the convenience of travelers; and
(3) In the opinion of the court, the petition shall be just and reasonable.
(c) A person desiring the alteration provided in this section shall pay all the cost incident to the proceedings, and no damages shall be allowed to any petitioner under the provisions of this section by reason of any such change to any petitioner.