§ 28-6805 — Toll road; condemnation; construction; guideposts

A. Lands necessary for the construction of a toll road or appurtenances to a toll road may be acquired by condemnation.

B. A toll road shall be laid out at least fifty feet wide. If the road is a plank road, the track shall be constructed eighteen feet wide of timber, plank or other hard material. If the toll road is a turnpike, the track shall be bedded with stone, gravel or other hard material found on the line of the track to the width of eighteen feet and faced with broken stone or gravel. A common wagon road shall be graded at least twelve feet in width and constructed with necessary turnouts to permit vehicles to pass conveniently. The roads shall:

1. Be ditched on the sides if practicable.

2. Have proper and necessary drainage.

3. Be constructed so that vehicles may pass on and off the track at intersections of roads.

C. Any tollgate, tollhouse or other building shall not be erected within one hundred sixty-five feet of the front of any dwelling house, barn or outhouse without the written consent of the owner. A toll road shall not be constructed:

1. Within the limits of an incorporated city or town.

2. Through an orchard at least four years old so as to injure the fruit trees.

3. Through a garden that has been cultivated at least four years.

4. Through a dwelling house or yard or enclosure necessary to a dwelling house without written consent of the owner.

D. There shall be a guidepost at every intersection of the toll road and a public road. The guidepost shall indicate the name and direction of the place to which the public road leads. The owner shall keep the guidepost in good condition at all times, and if the owner fails to do so:

1. The owner's franchise may be forfeited on information in the nature of quo warranto.

2. The owner is liable for damages sustained by parties passing over the road.