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5 <br />§ 136-44.7. Secondary roads; annual work program. <br />(a)The Department of Transportation shall be responsible <br />for developing criteria for improvements and maintenance of <br />secondary roads. The criteria shall be adopted by the Board of <br />Transportation before it shall become effective. The Department <br />of Transportation shall be responsible for developing annual <br />work programs for both construction and maintenance of secondary <br />roads in each county in accordance with criteria developed. It <br />shall reflect the long-range and immediate goals of the <br />Department of Transportation. Projects on the annual <br />construction program for each county shall be rated according to <br />their priority based upon the secondary road criteria and <br />standards which shall be uniform throughout the State. Tentative <br />construction projects and estimated funding shall also be listed <br />in accordance to priority. The annual construction program shall <br />be adopted by the Board of Transportation before it shall become <br />effective. <br />(b) When a secondary road in a county is listed in the first <br />10 secondary roads to be paved during a year on a priority list <br />issued by the Department of Transportation under this section, <br />the secondary road cannot be removed from the top 10 of that <br />list or any subsequent list until it is paved. All secondary <br />roads in a county shall be paved, insofar as possible, in the <br />priority order of the list. When a secondary road in the top 10 <br />of that list is removed from the list because it has been paved, <br />the next secondary road on the priority list shall be moved up <br />to the top 10 of that list and shall remain there until it is <br />paved. <br />(c) When it is necessary for the Department of Transportation <br />to acquire aright-of--way in accordance with (a) and (b) of this <br />section in order to pave a secondary road or undertake a <br />maintenance project, the Department shall negotiate the <br />acquisition of the right-of-way for a period of up to six <br />months. At the end of that period, if one or more property <br />owners have not dedicated the necessary right-of-way and at <br />least seventy-five percent (75%) of the property owners adjacent <br />to the project and the owners of the majority of the road <br />frontage adjacent to the project have dedicated the necessary <br />property for the right-of--way and have provided funds required <br />by Department rule to the Department to cover the costs of <br />condemning the remaining property, the Department shall initiate <br />condemnation proceedings pursuant to Article 9 of this Chapter <br />to acquire the remaining property necessary for the project. <br />(1973, c. 507, s. 3; 1975, c. 716, s. 7; 1977, c. 464, s. 8; <br />1989, c. 692, s. 1.9; 1991 (Reg. Sess., 1992), c. 900, s. 99; <br />2001-501, s. 2; 2002-86, s. 1. ) <br />