§ 18-3-308. CONSTRUCTION OF HIGHWAY DRAINAGE SYSTEMS.

(a)

"Public highway" defined. In this section, "public highway" includes an existing highway or a highway dedicated by grant, condemned, or declared to be a public highway as provided in the Code.

(b)

Power to construct sewer, drain, or ditch for highway. Whenever it is necessary in the discretion of the county to lay out or construct a storm drain, culvert, or ditch across or under the property of a person for the purpose of draining the surface water from a public highway, in addition to its general power, the county may:

(1)

Lay out and construct the storm drain, culvert, or ditch in accordance with the procedure for opening, altering, relocating, or closing a county road under § 18-3-302 of this subtitle; and

(2)

Assess benefits and award damages arising from laying out and constructing the storm drain, culvert, or ditch in the same manner as provided for a county road opening, alteration, relocation, or closing under § 18-3-302 of this subtitle.

(c)

Connection from private property; revenues.

(1)

When a storm drain, culvert, or ditch is constructed for the purpose of carrying off surface water from a public highway, the county may allow connections to be made from private property upon terms the county decides are proper or just.

(2)

The county shall apply the revenues derived from allowing connections under paragraph (1) of this subsection to the benefit of the county public highways.

(1988 Code, § 31-53) (Bill No. 66-01, § 2, 7-1-2004; Bill No. 73-03, § 31, 7-1-2004)