§ 27-72-316 - Road maintenance by county -- Failure to maintain.
               	 		
27-72-316.    Road maintenance by county -- Failure to maintain.
    (a)  It  shall be the duty of each county to properly maintain all state aid  roads in their respective counties after construction of any such roads  with state aid moneys.
(b)    (1)  If  essential maintenance is not properly and regularly carried on, in the  opinion of the state aid engineer, then notice thereof shall be given in  writing to the county judge in default.
      (2)  If  maintenance is not done and continued within sixty (60) days from date  of notice, then the state aid engineer may proceed to have done the  necessary maintenance and repair work on the road and charge the work to  any funds in the State Aid Road Fund in the State Treasury allocated to  the county.
      (3)  If failure to  maintain continues, then the county shall be no longer eligible for  state aid until proper maintenance is resumed by it. Notice of  withdrawal of state aid shall be duly given the Auditor of State and  Treasurer of State. However, such ineligibility shall not affect payment  from the State Aid Road Fund of progress and final estimates on  contracts awarded prior to notice of ineligibility.
(c)  When  any county road, or sections of county roads constructed under the  provisions of this subchapter, as amended, is within an area annexed to  any first or second-class city or incorporated town, the county shall  thereafter be relieved of the responsibility for maintaining the road or  sections of roads as required in this subchapter, and the  responsibility for maintenance thereof shall be transferred, at the time  of annexation, to the annexing city or incorporated town.
(d)  Whenever  any county is ineligible for state aid under the provisions of this  subchapter for a continuous period of five (5) years, then the county  shall forfeit and no longer be entitled to any part of the funds in the  State Aid Road Fund theretofore allocated to it. The balance of such  funds as theretofore allocated to it shall be reallocated pro rata among  all other eligible counties in the same relative proportions as those  specified for distribution of funds to the respective counties.