§ 34.09 COUNTY HIGHWAY RIGHTS-OF-WAY IN NON-USE; IMPROVEMENT AND MAINTENANCE.
   (A)   Any county roads and/or rights-of-way which are not now or which do not remain a part of the inventory of the county road system in the county as determined by the highway funding authorities of the state are deemed unnecessary for county use.
   (B)   The county shall not accept and assume responsibility for the expense of improvement and maintenance of any such abandoned or non-used right-of-way until:
      (1)   The county road or right-of-way has been improved, at private expense and not at the expense of the county, to at least a level of upgrade determined at the time by the Board of Commissioners of the county; and
      (2)   The improved road or right-of-way has been accepted by the state as a part of the road inventory of the county road system of the county for funding purposes.
   (C)   Upon compliance with the requirements of this section, the county will accept said improved road and assume responsibility for its maintenance and repair.
(Res. 1989-2, passed 3-6-1989)