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.