31-12-27.1. Contracts with residents for county road construction and repair--Petition--Work performed by highway department or private contract--Payment. Any county may contract with residents served by county roads for the construction, maintenance, and improvement of county roads or any portion thereof serving county residents. Whenever it shall appear to the board of county commissioners of any county by a petition presented by a resident or residents within the county, a copy of which petition shall be filed in the office of the county auditor of the county of which the petitioner or petitioners are residents of, that it will be to the best interest of the petitioner or petitioners and in the public interest that the petitioner or petitioners enter into an agreement in writing with the board of county commissioners of such county for the construction, maintenance, or improvement of county roads or any portion thereof, the board of county commissioners may, in its discretion, enter into an agreement in writing with the petitioner or petitioners to construct, maintain or improve any such county road or portion thereof to be specifically designated, at and for a price to be paid to the county to be expressed in the agreement. If it shall appear to the board of county commissioners that it will be to the public interest to enter into such an agreement, it shall be lawful for it to do so and such county may by and through its highway department and with the personnel and equipment thereof or by privately let contract pursuant to § 5-18-13, perform or cause to be performed such construction, maintenance, and improvement specified in the written agreement under the supervision and control of the county highway superintendent. The prices specified in the contract shall be paid to the county or if privately let, to the person performing the work by the resident or residents petitioning upon estimates certified to by the county highway superintendent.
Source: SL 1977, ch 240.