HCS/HB 162 - This act adds damaging public roads to the prohibition against obstructing public roads, and also removes the associated criminal penalty provision. Currently, road overseers and county highway engineers finding obstructed roads are required to notify the landowner obstructing the road. This act expands the provision to damage of roads and specifies that the overseer or engineer is permitted to notify the landowner to remove the obstruction, or perform or pay for repairs. If the landowner fails to take action as requested, the road overseer or engineer may petition the court to enter the land for the limited purpose of rectifying the violation. If the petition is granted, the judgment shall include an award for the reasonable cost of removal or repair, court costs, and reasonable attorney's fees. If the petition is denied, the county shall be responsible for the landowner's court costs and attorney's fees. The act authorizes any charter county to enact an ordinance to provide for alternative measures to address obstruction of and drainage to public rights-of-way.
Road damage or obstruction shall not violate this provision when farming or ranching lands have been improved using soil and water conservation practices or precision level grading practices as provided in the act.
This act is similar to provisions in CCS/HCS/SB 283 (2017), SCS/HCS/HB 647 (2017), SB 867 (2016), and HB 2180 (2016).
ERIC VANDER WEERD