Montana Attorney General Opinion 15-515

Opinion No. 515 County Commissionel's-Highways -Joint Maintenance of Roads -;Cotinties, Roads in Another County. HELD: Boards of County Commi:;- :;ioners have the power to aet jointly in laying out, controlling amI main- taining public highways in adjacent conn ties. But it is extremely doubtful tim t a hoard of count~' commis:;ioner:; is vested with power to aet alone to improve or keep in a state of repair that part of a highwa~' running from that county into an9ther, which lies in the latter county. April 18, 1034. We acknowledge receipt of yours of the 20th adviSing that. one of your im- portant roads leading into Lh'ingston extends into Sweet Grass County; that Sweet Grass County refuses to keep the part of such road in that county in condition suitable for tra\'el, and your board of county commissioners desires to know whether it has the power to expend money to maintain that part of the road in Sweet Grass County. It 352 OPINIONS OF THE ATTORNEY GENERAL also appears from the accompanying map that this road is a way of ne- cessity to Park County for the reason that it is the only convenient roadway to interior portions of Sweet Gras~ County, otherwise practicall~' inacces- sible. Section 4465 H. C. 1\1. 1!J21 contains the general legislative ~rant of powers to the board of county commissioners. The s('ction has been frequently amend- ed but the section now in force is as amended by Chapter 100. Laws of 1931, with a minor amendment in 1933 not pertinent here. Subsection 4 of said section 4465 pro- yides as follows: "To layout, maintain, control and manage 1mblic highwnys, ferries nnd brid~es, within the count~·. and levy such tax therefor as required b.\' law; provided, however, that they mn.\' in the exercise of a sound discre- tion, jointly with other counties. lay out, maintain, control, manage and im- prove public highways, ferries and hridges in ndjacent counties, wholly or in such part 'as ma~' be ngreed upon between the Boards of Count~' Commis- sioners of the counties concerned, nnd levy taxes therefor as provided by law: and where joint highway or bridge con- struction projects are contemplated or necessnry and the cooperation of an- other county, or other counties, or the Sta te or Federal Government, or either or both, is desired for the construction of such projects they may enter into agreement for adjusted nnnual contri- hutions oyer not to exceed six years. toward the cost of such projects, and the~' shall be authorized to place the same in their hudget and levy taxes as according to law." 'l'his provision of the statute vests the power in the boards of the coun- ties affected to act jointly in laying out, controlling and maintaining such roads. In view of the provisions of Chapter 5!l, Laws of 1!)29, and of Chapter 180. Laws of 1931, it is extremely doubtful that the board of county commissioners of Park County is vested with authority to go it alone and improve or keep in a state of repair that part of a high- way running from Park County into Sweet, Grass County, which lies in the latter county.