72-5-303 - Maintenance -- Impact on adjacent land owners.
72-5-303. Maintenance -- Impact on adjacent land owners.
(1) (a) The state and its political subdivisions are not required to maintain highwayswithin R.S. 2477 rights-of-way for vehicular travel unless the R.S. 2477 right-of-wayencompasses a highway included on a highway system for vehicular travel.
(b) A decision to improve or not improve an R.S. 2477 right-of-way is a purelydiscretionary function.
(2) The holder of an R.S. 2477 right-of-way and the owner of the servient estate shallexercise their rights without unreasonably interfering with one another.
(3) The holder of the R.S. 2477 right-of-way shall design and conduct construction andmaintenance activities so as to minimize impacts on adjacent federal public lands, consistent withapplicable safety standards.
Renumbered and Amended by Chapter 270, 1998 General Session