Section 40-2310 - CATTLE GUARDS ACROSS ROADS - LANDOWNER'S RIGHT TO CONSTRUCT - GATES(1) The owner, or lessee of any land crossed by any highway, except highways maintained by the department, who encloses the land with a lawful fence, shall, with the consent of the commissioners, highway district commissioners, or other governing body having jurisdiction over the highway, have the right to enclose the land, by erecting or constructing cattle guards across the highway. Cattle guards shall be constructed in accordance with plans and specifications as the respective commissioners or other governing body having jurisdiction of the highway shall prescribe.(2) Any owner or lessee of land constructing a cattle guard across a highway under the provisions of subsection (1) above, shall cause a gate not less than twelve (12) feet long to be constructed and maintained in the fence connected to the cattle guard. The gate shall not be more than thirty-three (33) feet from the highway. The surface of the guard adjoining the highway and gate shall be so leveled and maintained that a vehicle can pass from the highway through the gate on either side of the fence, and the gate shall be unlocked at all times.[40-2310, added 1985, ch. 253, sec. 2, p. 695.]