68-126. Fences across public highways; gates; county commissioners' powers and duties.
68-126
68-126. Fences across public highways; gates; county commissioners'powers and duties.The county commissioners of any county are hereby empowered, where landsare used largely as pasture lands and wherever in their judgment theconvenience of the traveling public will not be materially affectedthereby, to authorize and permit the construction and maintenance of fencesacross public highways under their jurisdiction. Wherever such fences arepermitted the board of county commissioners shall require and it shall bethe duty of the person constructing or maintaining such fences to constructand maintain therein sufficient gates to accommodate travel, which gatesshall be either swinging on hinges or gates that may be opened by thedriver of a vehicle without alighting therefrom, or the ordinary wire gate,as the county commissioners may require. The board may also require theowner or other person constructing or maintaining such fence to constructupon such road an auto gate sufficient to enable automobiles to pass overor through such fence upon such road without stopping, and sufficient alsoto prevent stock passing through said fence.
All orders allowing the construction of such fences and requiring thegates herein provided shall be entered upon the journal of the board ofcounty commissioners. The said board may, in its discretion, order anddirect that any gates shall remain open during certain portions of theyear, the time to be fixed by said board, or in its discretion and wherethere is a reasonable necessity therefor and the convenience of thetraveling public would not be materially affected thereby, it may ordersuch gate or gates to be kept closed during the entire year.
History: L. 1911, ch. 248, § 38; L. 1915, ch. 289, § 1; L. 1919, ch. 248, §1; R.S. 1923, 68-126; L. 1961, ch. 299, § 9; June 30.