§ 104. Closing highways. If it shall appear necessary to close any
state highway in an emergency or in order to permit a proper completion
of any work of improvement thereon, the commissioner of transportation
or the county superintendent upon the request of the commissioner of
transportation, shall execute a certificate and file the same in the
office of the town clerk of the town in which such highway is situated.
If it shall appear necessary to a county superintendent to close a
county road or a town superintendent to close a town highway, said
superintendent shall execute a similar certificate and file the same in
the office of the town clerk in which such highway is situated. In
either case, such certificate shall state the necessity for the closing
of such highway and describe the portion thereof to be closed. At the
time of filing such certificate the commissioner of transportation or
the county superintendent, as the case may be, shall notify the
contractor who is constructing, improving or repairing said state
highway that the same is closed to public travel until otherwise
notified and shall cause to be posted conspicuous notices to the effect
that the highway is closed.

It shall thereupon be the duty of said contractor to erect suitable
obstruction for closing said state highway, including the necessary
lights which shall be visible to any one approaching such obstruction
from one hour after sunset to one hour before sunrise and said
contractor shall notwithstanding any general or special law be liable
for all damages to persons or property sustained by reason of not so
erecting and so lighting such suitable obstruction. If the work of
improvement, construction or repairs upon a state highway is being
performed by state forces, or otherwise than by contract, the
representative of the department of transportation in charge of such
work, shall at the time of the filing of such certificate, post
conspicuous notices to the effect that the highway is closed, and shall
erect and maintain a lighted obstruction in the same manner as
hereinbefore described. At the time of filing such a certificate
relating to a county road by the county superintendent, he shall notify
the town superintendent to close said county road. Upon such
notification or upon filing such certificate for closing of a town
highway, the town superintendent shall thereupon close the same to
public travel by posting conspicuous notices to the effect that the
highway is closed and by erecting and maintaining a lighted obstruction
in the manner hereinbefore described. In case of the closing of any
highway under the provisions of this section, the town superintendent
shall, if practicable, provide a new location for, and construct a
temporary highway to be used by the traveling public in lieu of the
closed highway and may erect temporary bridges when necessary or cause
other existing highways to be used. For the purpose of locating,
constructing and erecting such temporary highway or bridge the town
superintendent may enter upon the lands adjoining or near to the closed
highway and may, with the approval of the town board, agree with the
owners of such land as to the damages if any caused thereby.

If the town superintendent is unable to agree with such owner upon the
amount of damages thus sustained the amount thereof shall be
ascertained, determined and paid as provided in section one hundred
forty-eight. When such highway shall have been closed to the public as
provided herein, any person who disregards the obstruction and notice,
and drives, rides or walks over the portion of the highway so closed
shall be guilty of a misdemeanor.