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  • Martin Bouliane

Ditch "Right-of-Way" law

37-86-103. Extent of right-of-way. Such right-of-way shall extend only to a ditch, dike, cutting, pipeline, or other structure sufficient for the purpose required. UNLESS INCONSISTENT WITH THE TERMS UPON WHICH THE RIGHT-OF-WAY WAS CREATED, AND NOT TO BE CONSTRUED AS A LIMIT ON ANY OTHER RIGHTS IN A DITCH OR DITCH RIGHT-OF-WAY THAT HAVE BEEN CREATED OR ARISEN BY LAW, A DITCH RIGHT-OF-WAY INCLUDES THE RIGHT TO CONSTRUCT, OPERATE, CLEAN, MAINTAIN, REPAIR, AND REPLACE THE DITCH AND APPURTENANT STRUCTURES, TO IMPROVE THE EFFICIENCY OF THE DITCH, INCLUDING BY LINING OR PIPING THE DITCH, AND TO ENTER ONTO THE BURDENED PROPERTY FOR SUCH PURPOSES, WITH ACCESS TO THE DITCH AND DITCH BANKS, AS THE EXIGENCIES THEN EXISTING MAY REQUIRE, FOR ALL REASONABLE AND NECESSARY PURPOSES RELATED TO THE DITCH.

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