Section 199. Widening highways; petition  


Latest version.
  • When any part of a highway in any
      town of this state, not in an  incorporated  village  or  city,  running
      between two or more villages or cities, has, because of the wearing away
      by  a  river  or stream or any other natural cause, become narrower than
      the width required by statute, and is dangerous to  the  users  of  such
      highway,  twelve  or  more resident taxpayers of such town may present a
      petition to the supreme court in the judicial district within which such
      town is situated.  The petition shall describe the part of  the  highway
      proposed  to  be widened and state that such highway has become lessened
      in width by the action of a river or stream or other cause, that  it  is
      dangerous  to the traveling public, that the widening and improvement of
      such highway is necessary for the public convenience and  welfare,  that
      the  highway  is an important leading road between two or more cities or
      villages, that the cost of such widening and  improvement  would  exceed
      the sum of two thousand five hundred dollars and would be too burdensome
      on  the  town or towns otherwise liable therefor. Such petition shall be
      verified by at least  three  of  the  petitioners.  On  receipt  of  the
      petition by supreme court the court shall appoint a time and place for a
      meeting  to  hear all persons interested in the proposed widening of the
      highway. The court shall examine the part of the highway proposed to  be
      widened, hear any reasons for or against such widening and ascertain the
      probable  cost  of  the  work.  If  the  court  shall determine that the
      proposed widening of the highway is necessary and that the cost  thereof
      would  be  too  burdensome  for the town, exceeding in probable cost two
      thousand  five  hundred  dollars,  they  shall  notify  the   board   of
      supervisors  of  the  county  of such decision. The board of supervisors
      shall thereupon cause one-half of the amount of the estimated cost to be
      raised by the county and paid to the supervisor of the town or towns  in
      which  that  part  of the highway proposed to be widened as aforesaid is
      located, and said supervisor shall apply the  sum  so  received  by  him
      towards  the  payment  of the cost of such widening.  The balance of the
      expense shall be raised in the manner provided by law, by  the  town  or
      towns  in  which  that  part  of  the  highway proposed to be widened as
      aforesaid is located.