Legal Implications to Closing or Reducing Maintenance on Low Volume Roads in North Dakota

North Dakota has more than I 02,000 miles of rural roads. Approximately half of these roads are paved and the rest are gravel or dirt. Counties or townships usually are responsible for the maintenance of most gravel roads. Due to limitations in funding and shifts in traffic patterns, counties and townships are forced to make difficult decisions regarding the maintenance of their roads. Some roads have higher levels of traffic and thereby justify higher levels of maintenance, whereas some roads with minimum to levels of traffic may justify reductions in maintenance and possibly closure. Legal questions arise when counties and townships consider changing the maintenance levels and possibly closing some of their roads. Road safety is a goal all counties and townships strive to achieve. However, reducing maintenance levels or closing a road may pose some safety concerns, especially in the form of accidents involving motorists who are unaware of road conditions. As a result, tort actions for property damage, personal injury or wrongful death may be filed against counties or townships. By statute, the liability of counties and townships in North Dakota is limited to $250,000 per person and $500,000 per occurrence.' This figure does not include legal fees, attorneys fees, investigative fees, fees for expert witnesses, nor the Joss of productivity from the time spent on legal issues instead of normal day-to-day activities. Indeed, the out-of-pocket costs associated with a single lawsuit easily can approach $500,000 or more, even ifthe final ruling is in favor of the county or township. However, by following appropriate legal procedures, counties and townships can minimize tort liability and curb the number of potential lawsuits. The North Dakota Century Code clearly delineates the process/procedure to follow when considering reduced maintenance or road closure. This project discusses some of the legal implications and outlines possible approaches to assist counties and townships in North Dakota to minimize their tort liability with respect to closing roads, abandoning roads, or designating minimum maintenance roads. This information is intended to be a guide, and is not 1 See N .D.C.C. section 32-12.1-03 (1995). a legal opinion. For detailed questions about closing, abandoning, or designating minimum maintenance roads, counties or townships should consult with a licensed attorney