68-5,102. Declaration of minimum maintenance roads; procedure; posting of road; limitation of tort liability. - Kansas Statutes

68-5,102

Chapter 68.--ROADS AND BRIDGES PART I.--ROADS Article 5.--COUNTY AND TOWNSHIP ROADS

      68-5,102.   Declaration of minimum maintenance roads; procedure; postingof road; limitation of tort liability.(a) When the board of county commissioners of any county is of the opinionthat any road within the county or on the county line is used only occasionallyor is used only by a few individuals, the board may commence proceedingsto declare the road a "minimum maintenance road."". Roads which have beenconstructed with federal aid shall not be minimum maintenance roads.

      (b)   When a determination is to be made that one or more roads or partsof roads may be declared minimum maintenance roads, the board shall adopta resolution describing such roads and shall transmit copies thereof tothe planning commission of the county for its recommendation.

      (c)   When a resolution is adopted under subsection (b) the board of countycommissioners shall cause it to be published once in the official countypaper together with a statement that a hearing will be held on such determinationwith the time and place of such hearing specified. Any person wishing toappear at such hearing and give evidence or testimony thereonmay do so. At the conclusion of such hearing the board shall determinewhat roads or parts of roads described in such resolution are to be declaredby it minimum maintenance roads.

      (d)   Not later than 10 days after any road is declared to be a minimummaintenance road, signs shall be posted thereon by the board of county commissionersstating "Minimum maintenance, travel at your own risk." Such signs shalldisplay black letters on a yellow background with the letters being at leasttwo inches high.

      (e)   When any road described in (b) is on, or partly on, a county line,a copy of such resolution shall be transmitted to the board of county commissionersof the adjoining county in which a part of such road is located. Also,a copy shall be transmitted to the planning commission of such adjoiningcounty and any regional or metropolitan planning commission in which bothof such counties are located. The board of county commissioners of suchadjoining county, its planning commission and any regional or metropolitanplanning commission in which both counties are located may make recommendationto the board of county commissioners adopting such resolution. Adoptionof a resolution under (b) shall not limit the right of the board of countycommissioners of any adjoining county from proceeding under this act. Theaction of either of such boards of county commissioners shall apply onlyto that portion of such road which is in the county of the board adoptinga resolution under (b).

      (f)   Whenever a road has been declared a minimum maintenance road in accordancewith this section and signs have been posted thereon as provided in (d),the state, the county and the townships within such county and employeesof such governmental entities shall be exempt from liability for any claimby any person under the Kansas tort claims act with respect to such minimummaintenance roads. No such governmental entity or employee thereof shallbe liable for damages arising from such roads or their maintenance or condition.

      History:   L. 1981, ch. 358, § 1; July 1.