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 encroachment as a nuisance.

(b)If the road supervisor recovers judgment, the supervisor may have the supervisor’s costs and $100 for each day the 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)The supervisor may recover the expense of removal, $100 for each day the encroachment remains after notice, and costs in an action brought for that purpose.