28-7054. Highway or airport encroachments; additional remedies

A. If an encroachment is a fixed advertising device or a movable object, notice for the removal of the encroachment may be given to the occupant or owner of the reversionary interest of the land or person causing or owning the encroachment by personal service or by registered or certified mail at the person's place of residence if known, and if unknown, notice may be posted on the encroachment.

B. If it is a highway encroachment, the notice shall specify the width of the highway and the place and extent of the encroachment and shall require the removal of the encroachment within thirty days thereafter if the encroachment is a fixed advertising device and within fifteen days after notice is given or posted if the encroachment is a movable object.

C. If it is an airport encroachment, the notice shall specify the location of the runway or taxiway and the place and extent of the encroachment and shall require the removal of the encroachment within thirty days thereafter if the encroachment is a movable object.

D. If notice is given under this section and if the removal is not commenced within the required period or after being commenced is not diligently prosecuted, the department or the governing body of the appropriate political subdivision if it is not a state highway or airport facility may remove the encroachment without commencing any action. The person responsible for the encroachment shall pay the cost of removal, and an action may be filed in the superior court in the county where the encroachment is made or exists and where the removal is manifested to collect reimbursement of the necessary cost of removal to the subdivision of this state that has custody and control of the highway or airport facility by law.

E. The procedure provided by this section is not exclusive and does not prohibit the use of either:

1. Any other remedy provided by law to protect a highway or airport facility.

2. The authority of officers of the department of public safety to cause the immediate removal of obstructions, encroachments, vehicles or aircraft.