7-14-2137. Legal actions to remove encroachments or recover costs. (1) (a) If the encroachment is denied, the road supervisor shall commence an action in the proper court to abate the same as a nuisance.
     (b) If he recovers judgment, he may have his costs and $10 for every day such nuisance remains after notice.
     (2) (a) If the encroachment is not denied and is not removed for 5 days after notice is complete, the road supervisor or county surveyor may remove it at the expense of the owner or occupant of the land or of the person owning or controlling the encroachment.
     (b) He may recover the expense of removal, $10 for each day the encroachment remains after notice, and costs in an action brought for that purpose.

     History: En. Sec. 11-108, Ch. 197, L. 1965; R.C.M. 1947, 32-4408.