28-6802. Toll road construction; notice;
application; hearing


A. A person who desires to construct a toll road, bridge or ferry within one or
more counties shall publish a notice in a newspaper that is published in each county,
once each week for six successive weeks. The notice shall state:


1. The type and character of the road.


2. The terminals.


3. The general route and each city, town or village through which construction is
proposed.


4. The time when the application required by this section shall be made, which
shall not be more than ten days after the last publication of the notice.


B. On the day specified in the notice, written application shall be made to the
respective boards of supervisors of the counties for authority to take the necessary land
and construct the road described in the notice. The application shall be in triplicate,
and each copy shall be accompanied by:


1. An engineer's plat of the route of the proposed road showing the proposed
centerline and right-of-way lines and giving engineer's stations and ties to legal
subdivision lines of the regions traversed.


2. Proposed construction plans and details.


3. Estimates of cost.


C. When the application is filed with the clerk of the board of supervisors, the
clerk shall:


1. Immediately set the application for a hearing before the board of supervisors at
least fifteen but not more than thirty days after the application is filed.


2. Forward a copy of the application, accompanying papers, instruments and
documents and notice of the date of the hearing by certified mail to the highway
commission.


3. Publish notice of the hearing one time at least ten days before the day of the
hearing in the same newspaper in which notice of the application was published.


D. At the hearing, all persons interested may appear and be heard. The board of
supervisors may take testimony and adjourn the hearing.