68-126. Fences across public highways; gates; county commissioners' powers and duties. The county commissioners of any county are hereby empowered, where lands are used largely as pasture lands and wherever in their judgment the convenience of the traveling public will not be materially affected thereby, to authorize and permit the construction and maintenance of fences across public highways under their jurisdiction. Wherever such fences are permitted the board of county commissioners shall require and it shall be the duty of the person constructing or maintaining such fences to construct and maintain therein sufficient gates to accommodate travel, which gates shall be either swinging on hinges or gates that may be opened by the driver of a vehicle without alighting therefrom, or the ordinary wire gate, as the county commissioners may require. The board may also require the owner or other person constructing or maintaining such fence to construct upon such road an auto gate sufficient to enable automobiles to pass over or through such fence upon such road without stopping, and sufficient also to prevent stock passing through said fence.
All orders allowing the construction of such fences and requiring the gates herein provided shall be entered upon the journal of the board of county commissioners. The said board may, in its discretion, order and direct that any gates shall remain open during certain portions of the year, the time to be fixed by said board, or in its discretion and where there is a reasonable necessity therefor and the convenience of the traveling public would not be materially affected thereby, it may order such gate or gates to be kept closed during the entire year.
History: L. 1911, ch. 248, § 38; L. 1915, ch. 289, § 1; L. 1919, ch. 248, § 1; R.S. 1923, 68-126; L. 1961, ch. 299, § 9; June 30.
Structure Kansas Statutes
Chapter 68 - Roads And Bridges
Article 1 - General Provisions
68-102 Laying out, altering or vacating roads.
68-104 Viewers; notice of view; duties of county surveyor.
68-105 Notice by petitioner; affidavits of service; filing.
68-109 Road on county or city line; petition; viewers; filing survey and plat.
68-113 State-line roads; establishment; width limitation.
68-114 Proceedings for change in roads; eminent domain.
68-115a Township minimum maintenance roads.
68-116 Prescribed width of county roads; hedges; increase of width, when.
68-117 Access to public highway, when; petition; width of road and plat; payment of expenses.
68-117b Same; benefit district; damages; abandonment of proceedings, when; assessment of benefits.
68-118 Informational signs at intersections on township roads.
68-124 Private roads as public highways, maintenance.
68-126 Fences across public highways; gates; county commissioners' powers and duties.
68-131 Township sidewalks and crossings; petition; special assessments.
68-132 Same; contracts; specifications and bids; publication notice; bond of contractor; inspector.
68-133 Same; time for action to set aside or enjoin.
68-134 Same; penalty for removal or injury.
68-141a Renting or hiring of machinery and equipment prohibited; exceptions.
68-141b Supervision by experienced operator; times for renting; charges.
68-141f Setting aside portions of road and bridge or street funds; definitions.
68-141g Same; resolution of governing body; procedure; retransfer, when.
68-151 Vacating road in Labette county.
68-151h Same; how money expended.
68-151i Same; bond limitations inapplicable.
68-151j Same; federal or state aid.
68-151m Issuance of no-fund warrants for certain purposes by certain counties; definition.
68-151n Same; purposes; amount; conditions; tax levies to pay.
68-161 Authority of county commissioners.
68-164 Same; approval of certain plans and specifications by secretary of transportation.
68-165 Same; secretary of transportation not liable.
68-169 Joint agreements between secretary of transportation and local units and between local units.
68-170 Construction and improvement of roads and bridges on state owned lands; definitions.
68-171 Same; agreements between secretary of transportation and state agencies.
68-172 Same; agencies authorized to use funds.
68-173 Same; disposition of moneys.
68-183 Same; limitations on meaning of term "by purchase."
68-184 Sprinkling irrigation water on highways declared a public nuisance; injunction.