§ 37-48-132 — Removal of structures

(1) For the accomplishment of the
official plan, the board of directors has full power to improve in alignment, section,
grade, or location, or in any other manner, any watercourse; and it may remove,
widen, lengthen, lower, raise, or otherwise change any public or private road bridge
or railroad bridge, any flume, aqueduct, or telephone, telegraph, gas, oil, sewer,
water, or other pipeline, or any other construction over, across, in, into, under, or
through any such watercourse, or it may require the same to be done. Such
provisions shall apply to all such changes specified by the official plan or
reasonably necessary for the accomplishment of the same; but if any such change
is made necessary in any construction because of the failure of the same to permit
the free flow of water in such stream in time of flood or to permit the necessary
enlargement or protection of the channel, the owner of such construction shall
make such change and all adjustments of grade, roadway, track, approach, or other
construction incidental thereto without cost to the subdistrict and without any
claim for damages against the subdistrict or district; but the subdistrict shall pay
the cost of excavating the earth for the enlargement of any channel or for placing
earth for the filling of any channel where such excavation or filling is required as a
part of the official plan in making the changes outlined in this section. The
subdistrict shall not be required to make such fill or excavation unless the same
would be necessary to the official plan if the construction or work so changed did
not exist.

(2) Before the removal, change, or modification of any work or construction
outlined in this section, the board of directors shall give notice to the owner thereof,
requiring that the same be adapted to the official plan. In case such removals,
changes, or adjustments are not commenced and completed by the owner within
the respective times specified therefor in such notice, which time shall be
reasonable under all circumstances, such removals, changes, or adjustments may
be made by the district at the expense of the owner.

Legislative History

Source: L. 75: Entire section added, p. 1378, � 7, effective July 18.