Nothing contained in this act shall be construed as allowing an action or recovery against the state or any of its officers or employees on a claim or cause of action founded upon any loss occurring from a defect or dangerous condition on any road, street or highway which was in existence, whether known or unknown:
1. On October 1, 1985; or
2. When an existing facility became or becomes a part of the state highway system; or
3. When an existing facility became or becomes the maintenance responsibility of the state, to the extent of that responsibility as required by law.
To the extent that the state is required by law to maintain a road, street, or highway within the territorial limits of a political subdivision, the political subdivision shall not be liable for any loss occurring from a defect or dangerous condition in the area required to be maintained by the state.
Added by Laws 1984, c. 226, § 7, eff. Oct. 1, 1985. Amended by Laws 1988, c. 241, § 3, eff. Nov. 1, 1988; Laws 1994, c. 28, § 1, emerg. eff. April 11, 1994.