AGO 85-45.

• Court: North Dakota

North Dakota Attorney General Opinions 1985. AGO 85-45. Office of the Attorney General State of North Dakota Opinion No. 85-45Date Issued: December 9, 1985Requested by: Keith Reisenauer Assistant Cass County State's Attorney--QUESTIONS PRESENTED-- Whether a board of township supervisors has the duty to remove trees from the right-of-way of a township road. Whether a board of township supervisors has the primary duty to mow grasses and weeds within the right-of-way of a section line road.--ATTORNEY GENERAL'S OPINION-- It is my opinion that a board of township supervisors has the duty to remove trees from the right-of-way of a township road if the trees constitute a hazard to the traveling public. It is my further opinion that a board of township supervisors does not have the primary duty to mow grasses and weeds within the right-of-way of a section line road. --ANALYSES-- N.D.C.C. § 24-01-01, provides, in part:

24-01-01. DECLARATION OF LEGISLATIVE INTENT. Adequate roads and streets provide for the free flow of traffic; result in low cost of motor vehicle operation; protect the health and safety of the citizens of the state; increase property value; and generally promote economic and social progress of the state. Therefore, the legislative assembly hereby determines and declares that an adequate and integrated system of roads and streets is essential to the general welfare of the state of North Dakota.

In designating the highway systems of this state, as hereinafter provided, the legislative assembly places a high degree of trust in the hands of those officials whose duty it shall be, within the limits of available funds, to plan, develop, operate, maintain, and protect the highway facilities of this state, for present as well as for future use. To this end, it is the intent of the legislative assembly to make the state highway commissioner, and the state highway department acting through him, custodian of the state highway system and to provide sufficiently broad authority to enable the commissioner to function adequately and efficiently in all areas of appropriate jurisdiction with specific details to be determined by reasonable rules and regulations which may be promulgated by him, subject to the limitations of the constitution and the legislative mandate hereinafter imposed. It is recognized that the efficient management...