Transferring jurisdiction over county roads within cities
(1)Jurisdiction over a county road within a city may be transferred under this section whenever:
(a)The county governing body deems it necessary, expedient or for the best interest of the county to surrender jurisdiction over any county road or portion thereof within the corporate limits of any city; and
(b)The governing body of the city deems it necessary or expedient and for the best interests of the city to acquire jurisdiction over the county road or part thereof to the same extent as it has over other public streets and alleys of the city.
(2)To initiate a proceeding for the transfer of jurisdiction under this section, the county governing body, upon its own motion or upon the request of the city by its governing body, shall give notice by:
(a)Posting in three public places in the county, one of which shall be within the limits of the city; or
(b)Publishing the notice once a week for four successive weeks in some newspaper of general circulation in the county.
(3)Notice under this section shall give the time and place of hearing and a succinct statement of the proposed action requested and describing the road or portion thereof proposed to be surrendered by the county to the city with convenient certainty.
(4)At the time and place mentioned in the notice under this section or at such adjournment as it may fix, the county governing body shall hear the matter, consider any objections or testimony offered by any person interested and determine whether it is necessary, expedient or for the best interests of the county to surrender jurisdiction over the county road or portion thereof to the city.
(5)If a county governing body determines to surrender jurisdiction under this section and initiates action under this section:
(a)The county governing body shall make an order to that effect and offer to the city to surrender jurisdiction over the county road or portion thereof, and may limit the time for the acceptance of the offer; and
(b)The city by appropriate municipal legislation may within the time specified accept the county order and offer to surrender jurisdiction under this section.
(6)If a city governing body determines to initiate action under this section for the surrender of jurisdiction by a county over a county road:
(a)The city governing body may initiate the action by passage of appropriate municipal legislation that requests surrender and that may set any time or other limitations upon acceptance by the city of the surrender; and
(b)The county governing body may surrender jurisdiction of the county road without further action by the city if the county governing body adopts an order surrendering the county road that meets the limitations established by the city in its legislation.
(7)When a city adopts appropriate municipal legislation accepting a county governing body’s order under subsection (5) of this section or when a county governing body adopts an order meeting city legislation under subsection (6) of this section:
(a)The jurisdiction of the county over the county road or portion thereof as a county road, or for its improvement, construction or repair shall cease;
(b)The full and absolute jurisdiction over the road for all purposes of repair, construction, improvement and the levying and collection of assessments therefor shall vest in the city; and
(c)The city shall have the same jurisdiction over the road or portion thereof as by its charter and the laws of the state are given or granted it over any of the public streets and alleys of such city.
(8)This section is applicable to all county roads, whether acquired by the county or the public by condemnation, defective condemnation and user, user or prescription or in any manner provided by law or in which the easement for road purposes is in the public. [Amended by 1981 c.153 §73]
Section 373.270 — Transferring jurisdiction over county roads within cities,
Attorney General Opinions
Procedure for changing designation of “public road,” (1974) Vol 36, p 819.; City authority over county roads within city limits, (1983) Vol 44, p 20