[§264-1.5]  Emergency powers; trafficemergency zones.  (a)  Notwithstanding any law to the contrary, if thegovernor or state director of transportation, in the case of a state highway,or the mayor of a county or the county director of transportation, in the caseof a county highway, determines that substantial endangerment to public healthand safety is or is highly likely to be caused by the temporary closure of, orthe lack of adequate access to an area by, a county highway or a state highwayas defined under section 264-1(a), which requires immediate action, thegovernor or state director of transportation, in the case of a state highway,or a mayor of a county or the county director of transportation, in the case ofa county highway, without a public hearing, may designate the area to be atraffic emergency zone, and may take any action that may be necessary untilaccess to the designated area has been established.  The designation shall fixa place and time, not later than twenty-four hours after the designation, for ahearing to be held before the state director of transportation, or the countydirector of transportation.

(b)  Upon designation of an area as a trafficemergency zone by the governor or the state director of transportation, or themayor of a county or the county director of transportation:

(1)  State or county highway or street improvements,including but not limited to new construction, reconstruction, preservation,resurfacing, restoration, or rehabilitation of any county or state highway maybe undertaken without regard to chapter 103D;

(2)  All structures and improvements to land to beused for state or county highway purposes:

(A)  May be planned, designed, and constructedby the appropriate state or county department without the approval of countyagencies; and

(B)  Shall be exempt from any county permittingrequirements; and

(3)  The state department of transportation or countydepartment of transportation may acquire and designate cane haul roads as stateor county highways; provided that the use of cane haul roads as state or countyhighways shall be for temporary purposes only for a period of time asdetermined by the state or county director of transportation, but for no longerthan the public health and safety requires.

(c)  Any other law to the contrarynotwithstanding, except as otherwise provided in subsection (d), any decisionunder this section by the governor, the department of transportation, the mayorof a county, the transportation department of a county, or any officers,employees, or agents of the State or a county, shall not give rise to a causeof action or claim against:

(1)  The State or any county;

(2)  The state department of transportation;

(3)  A county department of transportation; or

(4)  Any officer, employee, or agent of an entityunder paragraphs (1) to (3).

(d)  There shall be a qualified standard ofcare of the common-law emergency doctrine that shall apply to a claim ofnegligence in any design, construction, repair, and correction undertakenpursuant to this section.

(e)  Where a cane haul road is designated as astate or county highway under subsection (b)(3), the State or county, as thecase may be, shall indemnify the owner of the cane haul road from any liabilitythat may arise out of the use of such cane haul road when designated as a statehighway.

(f)  For the purposes of this section:

"Cane haul road" means a road that ispart of an agricultural system of roads or ways established to takeagricultural products from the fields to processing facilities without usingthe public highways.

"County highway" shall have the samemeaning as in section 264-1(a).

"State highway" shall have the samemeaning as in section 264-1(a).

"Traffic emergency zone" means anarea that is accessible by a single state highway and whose accessibility wouldbe compromised by major motor vehicle accidents, fires, floods, erosion, orother factors that would cause the closure of a state or county highway andcauses or is highly likely to cause substantial endangerment to public healthand safety.

(g)  Each designation of a traffic emergencyzone shall expire within five years. [L 2007, c 141, §1]

 

Cross References

 

  Emergency use of private real property, see chapter 135.