AGO 81-009.

• Case Date: February 05, 1981
• Court: North Dakota

North Dakota Attorney General Opinions 1981. AGO 81-009. STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 81-9Date Issued: February 5, 1981 (AGO 81-9) Requested by: Tom P. Slorby, Ward County State's Attorney- QUESTION PRESENTED - Whether a county must assume responsibility for the maintenance of any part of a former highway abandoned by the State Highway Department, a part of which lies within the jurisdiction of a city.- ATTORNEY GENERAL'S OPINION - It is my opinion that a county is not required to assume responsibility for the maintenance of a highway or any part thereof abandoned by the State Highway Department. - ANALYSIS - The Legislature has granted the Commissioner of the State Highway Department the authority to abandon sections of the state highway system when such abandoned sections are substantially replaced by improvements on new locations serving the area. The specific section reads as follows:

24-01-06. AUTHORITY TO ABANDON SECTIONS OF ROUTES. The commissioner shall have the authority to abandon sections of routes on the state highway system when such abandoned sections are substantially replaced by improvements on new locations serving the area. Such abandonment may be made even though such highway is not placed on any other road system.

This section clearly sets forth the intent of the Legislature to allow the Commissioner of the State Highway Department to abandon sections of the state highway system without first requiring another governmental authority be found to assume jurisdiction over the highway section being abandoned. The fact that a section of the state highway system is abandoned in a county does not force the county to assume responsibility for it. The boards of county commissioners in their respective counties have the right of determining the county road system. This authority is set forth as follows:

24-05-17. RESPONSIBILITY FOR COUNTY ROAD SYSTEM. The boards of county commissioners in their respective counties shall have the sole authority and responsibility to acquire land for, construct, maintain and operate the county road system as designated and selected by them. (Emphasis supplied).

Section 24-05-1 6, N.D.C.C., reinforces the authority that the counties have with respect to the county roads system. It provides that: "The county road system shall be the roads designated and...