65-1-31 - Certain roads located on levees as temporary state highways.
§ 65-1-31. Certain roads located on levees as temporary state highways.
Whereas, the public convenience requires that certain roads located on levees or within the boundaries of flood control districts created and presently maintained by the federal government, or other governmental authorities, be taken over temporarily by the State Highway Commission, and whereas, the public purpose for which said flood control districts were established requires that such roads be limited to certain widths and restrictions in the public interest, it is the sense of the legislature that the State Highway Commission should be authorized to take over and maintain such roads as temporary state highways, subject to the restrictions imposed by the governmental authorities establishing such flood control districts.
The State Highway Commission, therefore, is hereby authorized to take over and maintain as temporary state highways, for such period and under such terms and conditions as said highway commission may in its discretion prescribe, any road designated by the legislature as a state highway and located on the levee of a flood control district, and in so doing shall not be required to obtain a right of way of more than thirty feet on such type of road, may permit the use of cattle gaps and fencing thereon, and may accept from the federal authorities or other governmental unit having jurisdiction over such flood control district an easement for said road.
The purpose of this section is to enable the state to take over temporarily for maintenance roads designated as state highways located on levees and with less than sixty feet right of way.
Sources: Codes, 1942, § 8038.4; Laws, 1952, ch. 310, §§ 1-3.