Q In 2008, the board of supervisors undertook to investigate and determine whether a particular new county road should be laid out and declared. The proper petition was received and the road investigated, but the board members who investigated the proposed road failed to report back to the board as required under Section 65-7-57. The board never officially adopted this road as a public road, but it was entered on the official register of public roads by the count engineer. The county subsequently had the road marked with signs, graded, and graveled. The road has been maintained by the county since 2008. Is this a county road, and if not, what must the county do to make it so? And may we make it so retroactive to 2008?

A The road is not a county road, based on the boardís failure to take official action in 2008. If the board now completes the laying out and road designation procedure pursuant to Section 65-7-57 which it began in 2008 but through oversight never completed, the board may now make a finding regarding this oversight and declare that the road is now a county road. The order may not be made retroactive, however. (Attorney Generalís Opinion to Davis, June 29, 2012)