§ 46-3. Requests for abandonment of county-maintained roads.

(a)

Filing of request; contents. A written request to abandon a county-maintained road shall be filed with the office of the board of commissioners. The request shall contain the following information:

(1)

The name and address of the person requesting the abandonment.

(2)

The relationship of the person to the road.

(3)

A plat or sketch of the section of the road for which abandonment is requested or a copy of the county road map with the section marked in red.

(4)

The names and addresses of all property owners located on the section of roadway for which abandonment is being requested.

(5)

The reasons why the person is requesting that the road be abandoned.

(6)

A statement that the section of road for which abandonment is being requested no longer serves a substantial public purpose and any data or documentation which the person has in support of such statement.

(b)

Notice of hearing. A date for a public hearing shall be obtained from the county administrator, which date shall be sufficiently in the future so as to allow a notice of the hearing to be published in the legal organ of the county at least two weeks prior to the date of the hearing. The cost of the advertising shall be borne by the person requesting the abandonment, and the request for abandonment shall be accompanied by a check or cash, in the amount set forth in the schedule of fees and charges, to cover advertising costs.

(c)

Conduct of hearing. At the hearing, it shall be the responsibility of the person requesting abandonment to present all the facts and circumstances to the board of commissioners to enable it to make a fair and enlightened decision. Opponents of abandonment shall be given an equal opportunity to appear and present opposing facts and data. The hearing shall be conducted as informally as possible, although any interested parties are entitled to legal representation at the hearing if they so choose. It shall be the responsibility of the county attorney to serve as the hearing officer and to rule on any and all evidentiary matters and to advise the board of commissioners of its duties and responsibilities in the conduct and consideration of the matter.

(d)

Decision by board of commissioners. Within 30 days from the date of the hearing, the board of commissioners shall render its decision, which shall be in writing, certified by the county administrator and entered in the minutes. A copy of the decision will be sent to the person requesting abandonment and shall be published at least once in the legal organ of the county.

(e)

Distribution of information. A copy of this section shall be given to any person making inquiry as to the method by which county-maintained roads can be abandoned.

(Code 1992, § 34-1)