§ 14-316-109 - Route change to avoid dangerous railroad crossing.
               	 		
14-316-109.    Route change to avoid dangerous railroad crossing.
    (a)  In  road and highway districts where the act creating the district, and  amendments thereto, do not permit a change in plans of the district or  where by act of the General Assembly the roads to be built are  specifically defined or otherwise limited, and where the road is not  completed and a minor change in route or an addition to the road would  enable the traveling public to avoid a dangerous railroad grade  crossing, the board of commissioners is authorized to make the minor  changes in route or to make an addition to the roads to be built that  will enable the traveling public to avoid a dangerous grade crossing. If  the change in route or addition to the road is not planned over  existing public roads, then the change or addition shall only be made  with the approval of the county court. The commissioners shall then lay  out a public road over the proposed route if the court approves the  change or addition.
(b)  If it is  necessary to increase the assessed benefits or to increase the annual  levy of any district, both in acreage and assessed valuation of  property, in order to make a change in route or addition to a road in  order to enable the traveling public to avoid a dangerous grade  crossing, then the change shall only be made with the consent of a  majority of the landowners of the district.