Towns shall, within their respective limits, build and repair all necessary highways and bridges, and all highways to ferries as far as the low water mark of the waters over which the ferries pass, except when such duty belongs to some particular person. Any town, at its annual meeting, may provide for the repair of its highways for periods not exceeding five years and, if any town fails to so provide at such meeting, the selectmen may provide for such repairs for a period not exceeding one year.
(1949 Rev., S. 2117; 1958 Rev., S. 13-2; 1963, P.A. 226, S. 99.)
History: 1963 act replaced previous provisions: See title history.
When towns are liable to maintain bridges on turnpike roads. 4 D. 198; 1 C. 1. Town to maintain road in borough, formerly turnpike. 25 C. 86. Town and turnpike company not both liable to maintain same road. 27 C. 48. Herbage in a highway belongs to the landowner. 28 C. 165. Dedication of highway provable by public use. 29 C. 157; 31 C. 308. Towns have no duty or power to build bridges between this and adjoining states. 29 C. 356. City of Hartford liable for defective sidewalks. 30 C. 118. No municipal corporation obliged to lay out or maintain highways except by statute. 31 C. 213. Legislature may create highway district out of several towns. 170 U.S. 309. Admissibility of evidence that others safely crossed ice. 33 C. 57. Highway surveyor may widen roadway within highway limits. 36 C. 165. Municipalities may remove earth from one highway to another. 38 C. 50. Municipalities not liable for negligence in public duty to repair highways. Id., 90; 71 C. 686. Dedication of a system of highways; loss of public rights by laches. 40 C. 410. Town cannot divert spring in highway for watering trough. 44 C. 521. Town liable for nuisance caused in doing lawful act. 45 C. 550; 47 C. 314. Town may change form of dedicated highway. 50 C. 259. Town voluntarily operating drawbridge liable for negligence. 63 C. 587. History of law; duty to repair applies to highways by dedication. 74 C. 360. Care of streets is a governmental duty; no liability except by statute. Id., 573; 79 C. 94; 81 C. 392. Building new roadway several feet above old one not repairing. 75 C. 271. History of exception where duty belongs to some particular person. Id., 695. Of sidewalk, as part of highway. 76 C. 105. See 71 C. 655; 77 C. 307; 80 C. 296. Discretion of municipality as to methods to be used. 79 C. 94. Municipality cannot enter private property to abate conditions there which tend to create defect. 80 C. 291. Section measures the liability imposed by Sec. 13a-149. 81 C. 68; 89 C. 30. Section does not apply to state aid or trunk line highways. 94 C. 594. Town is under duty to maintain roadway of bridge over railroad, although railroad is obliged to maintain superstructure of bridge. 100 C. 437. Does not apply to defect caused by opening in street made by trolley company in repairing its roadbed. 103 C. 121; Id., 605. Town's obligation for sidewalks not modified by Sec. 13a-144. 109 C. 336. Where town builds road under Sec. 13a-173 as a contractor with the state, jury may reasonably find it entered contract for special benefit and pecuniary profit, thereby depriving itself of governmental immunity from liability. 120 C. 148. Cited. 121 C. 616; 124 C. 344; 160 C. 295; 193 C. 589; 226 C. 684. Municipality's duty to maintain public highways is nondelegable. 292 C. 364. Although town has the power to build roads within its limits for the benefit of its own residents, it does not have power to close roads at town border for sole purpose of preventing residents of adjoining towns from using town streets; town roads are for the benefit of the general public, not just the residents of the town. 295 C. 802.
Cited. 12 CA 153; 29 CA 18. Motion for jury instruction re ultra vires act of removing obstruction was properly denied since removal was authorized pursuant to section, town charter and case law. 71 CA 531.
City becomes responsible for condition of highways when town and city consolidate. 3 CS 418. Cited. 4 CS 401; 5 CS 193. Duty of New Haven not impaired by special act 576 of 1937. 8 CS 204. Cited. 25 CS 305; 27 CS 469.
Structure Connecticut General Statutes
Title 13a - Highways and Bridges
Chapter 238 - Highway Construction and Maintenance
Section 13a-36. - Milestones to be reset.
Section 13a-37. - Determination of boundaries.
Section 13a-38. - Entry on private property to determine boundary.
Section 13a-39. - Selectmen to define bounds of highway.
Section 13a-41. - Bounds of new highways to be marked and recorded.
Section 13a-42. - Taking of roads into state system.
Section 13a-43. - Abandonment of state highway.
Section 13a-44. - Transfer of state highway to town.
Section 13a-45. - Effective date of transfers and abandonments.
Section 13a-46. - Transfers of rights in lands on transfer of roads.
Section 13a-47. - Powers of commissioner unaffected.
Section 13a-48. - Acceptance of highways by municipalities.
Section 13a-49. - Discontinuance of highways or private ways.
Section 13a-50. - Discontinuance of highway by Superior Court.
Section 13a-51. - Discontinued turnpikes remain highways.
Section 13a-52. - No assessed damages collected if unopened highway discontinued.
Section 13a-53. - Discontinuance of highway crossing railroad.
Section 13a-54. - Abandonment of highway for construction of dam.
Section 13a-56. - Relocation to straighten or remove dangerous location.
Section 13a-57. - Layout of state highway.
Section 13a-57a. - Consultation with municipal officers in planning of highway within municipality.
Section 13a-57b. - Areas for bicycles and pedestrians.
Section 13a-57d. - Model pollinator habitat in deforested areas of state highways. Authority.
Section 13a-58. - Public hearing on proposed layout.
Section 13a-58a. - Change of zone of property within limits of laid-out highway prohibited.
Section 13a-60. - Entry upon private property in altering of highways.
Section 13a-60a. - Entry to repair or relocate private driveway.
Section 13a-61. - Layout of highways by selectmen.
Section 13a-62. - Application to Superior Court for relief.
Section 13a-63. - Refusal of selectmen to lay out or alter highway.
Section 13a-64. - Remonstrance. Reestimate of damages and benefits by jury.
Section 13a-65. - When jury's doings conclusive. New jury.
Section 13a-66. - Costs on application for jury.
Section 13a-67. - Committee's accepted report to be recorded. Judgment.
Section 13a-68. - Assessment of benefits limited. Collection.
Section 13a-69. - Proceedings when towns disobey court order.
Section 13a-70. - Bond to construct highway when application pending in court.
Section 13a-71. - Layout by individuals.
Section 13a-72. - Alteration or relocation of highway for dam construction.
Section 13a-74. - Payment of damages.
Section 13a-75. - Determination of value of flood-damaged land.
Section 13a-76. - Reassessment of damages or benefits by judge trial referee or court.
Section 13a-76a. - Additional damages for unreasonable delay in taking.
Section 13a-77. - Costs in appeals from awards in highway cases.
Section 13a-78. - Lien for assessed benefits.
Section 13a-79. - Interest payable ninety days after acceptance of agreement.
Section 13a-79c. - Federal assistance for early acquisition of rights-of-way.
Section 13a-80a. - Disposition of interests on, above or below state highway rights-of-way.
Section 13a-80b. - Order of priorities.
Section 13a-80c. - Limitation.
Section 13a-80d. - Conformation with local zoning regulations and ordinances.
Section 13a-80e. - Tax assessment.
Section 13a-80f. - Acquisition of land or air space.
Section 13a-80g. - Disposition of interest in, above or below municipal highways.
Section 13a-80i. - Mediation of purchase of state property not required for highway purposes.
Section 13a-81a to 13a-81l. - Highway relocation assistance.
Section 13a-82. - Damages or benefits by change of grade of municipal highway. Lien.
Section 13a-83. - Assessment of benefits by municipalities.
Section 13a-84. - Ascertainment of damages or benefits. Remonstrance.
Section 13a-85. - Assessment on private property, when collectible.
Section 13a-86. - Construction of bridges; cost; width.
Section 13a-87. - Maintenance of bridges by commissioner.
Section 13a-88. - Load capacity.
Section 13a-89. - Appeal to commissioner from posted weight restriction.
Section 13a-90. - Bridge over artificial watercourse.
Section 13a-91. - Sidewalks on bridges.
Section 13a-92. - Sidewalks on bridges at Thompsonville and Warehouse Point.
Section 13a-93. - Snow removal from state highways.
Section 13a-94. - Construction over or adjacent to streams.
Section 13a-95. - Submission of bids on state highway construction.
Section 13a-96. - Payment to contractor under highway contract.
Section 13a-97. - Agreement for town maintenance of state highways.
Section 13a-97b. - Adopt a highway program. Regulations.
Section 13a-98. - Authority for additional construction; reimbursement by party requesting.
Section 13a-98a. - Construction of frontage roads.
Section 13a-98b. - Construction of urban arterial streets.
Section 13a-98e. - Acquisition of land and rights-of-way.
Section 13a-98i. - Agreements for acceptances and expenditure of funds.
Section 13a-98j. - Municipal and state responsibility for streets or roads in the urban program.
Section 13a-98k. - Use of program roadways or facilities by utility facilities or utilities.
Section 13a-98l. - Specifications to encourage use of recycled materials in projects.
Section 13a-98m. - Definition.
Section 13a-98n. - Local transportation capital program.
Section 13a-98o. - Use of coal tar sealants on state and local highways. Prohibition. Enforcement.
Section 13a-99. - Towns to build and repair highways and bridges.
Section 13a-99a. - Town roads lying within, intersecting or crossing state highway rights-of-way.
Section 13a-100. - Expense of bridges between towns.
Section 13a-100a. - Maintenance of pedestrian walkways on bridges.
Section 13a-101. - Bridges over artificial watercourses.
Section 13a-102. - Court may direct construction or repair of bridge.
Section 13a-103. - Complaint to court for failure of town to maintain highway.
Section 13a-104. - Proceeding against borough for failure to maintain highway.
Section 13a-105. - Contracts for highway construction.
Section 13a-107. - Selectmen to open highway blocked with snow.
Section 13a-108. - Rural free delivery route to be opened.
Section 13a-109. - Apportionment of cost for work on bridge.
Section 13a-110. - Lighting on bridges, dangerous locations and intersections.
Section 13a-111. - Railings on bridges and highways.
Section 13a-112. - Certain bridges to have draws.
Section 13a-113. - Drawbridges to have gates.
Section 13a-114. - Traffic control during department operations.
Section 13a-115. - Closing highways under construction, maintenance or repair.
Section 13a-116. - Warning signs.
Section 13a-117. - Permit to operate truck between parts of industrial plant.
Section 13a-117b. - Soliciting of business by service car and wrecker businesses.
Section 13a-118. - United States routes to be marked.
Section 13a-119. - Warning and directional signs. Control cities.
Section 13a-120. - Traffic authority to maintain warning signs.
Section 13a-121. - Notice of load capacity; appeal.
Section 13a-122. - Installation of decorations in streets restricted.
Section 13a-123a. - Church signs on state highways.
Section 13a-123b. - Exemption of certain areas.
Section 13a-123c. - Junkyard and scrap metal processing facilities control. Definitions.
Section 13a-123d. - Regulations.
Section 13a-123e. - Certificate of approval.
Section 13a-123g. - Facilities as nuisance. Abatement.
Section 13a-123h. - Provisions of other statutes, ordinances, etc., not abrogated.
Section 13a-123i. - Facilities in industrial area not affected.
Section 13a-123j. - Agreements with Secretary of Commerce.
Section 13a-124. - Unauthorized signs.
Section 13a-124a. - Specific service sign on limited access highways. Regulations.
Section 13a-125. - Removal or destruction of signs.
Section 13a-126c. - Longitudinal use of highway right-of-way by public service facility or company.
Section 13a-127. - Utility lines on certain bridges.
Section 13a-128. - Discontinuance or alteration of highways in watershed.
Section 13a-129. - Court procedure. Estimate of damages. Appeal.
Section 13a-130. - Bridges over railroad tracks.
Section 13a-131. - Alteration of highway made unsafe by railroad occupation.
Section 13a-132. - Alteration of railroad facilities in construction of highway.
Section 13a-133. - Contracts with railroads where tracks to be altered. Advancement of funds.
Section 13a-134. - Location of tracks of street railway.
Section 13a-135. - Taking of street railway rails and ties by commissioner.
Section 13a-136. - Benefits assessed where highway is dike against tides.
Section 13a-137. - Material for repair of highway taken from private land.
Section 13a-138. - Highways may be drained into private lands.
Section 13a-138a. - Limitation on actions for drainage damage.
Section 13a-139. - Clearing untraveled portion of highway.
Section 13a-140. - Removal of trees along state highways. Penalties established by municipalities.
Section 13a-141. - Bridle paths; pedestrian walks; bicycle paths.
Section 13a-141a. - State-wide footpath and bicycle trail plan.
Section 13a-142. - Bridle paths along Merritt Parkway.
Section 13a-142a. - Acquisition of land adjacent to highway for environmental protection purposes.
Section 13a-142b. - Development of linear parks along state highways.
Section 13a-142c. - Authority of Department of Energy and Environmental Protection.
Section 13a-142d. - Route 11 linear park.
Section 13a-143. - Commercial establishments along limited access highways.
Section 13a-143a. - Driveway permits.
Section 13a-143b. - Car-wash installation to correct icy highway conditions.
Section 13a-144. - Damages for injuries sustained on state highways or sidewalks.
Section 13a-145. - Use of closed highway at user's risk.
Section 13a-147. - Detours to be restored.
Section 13a-148. - Damage to municipal highway or bridge in state highway construction.
Section 13a-149. - Damages for injuries by means of defective roads and bridges.
Section 13a-150. - Obligations of towns.
Section 13a-152. - Damages for failure to maintain railing or fence.
Section 13a-153f. - Accomodations and provision of facilities for all users.