(a) The legislative body of a municipality may discontinue a town highway after following the procedures of sections 708-711 of this title. The authority of the legislative body under this subsection shall extend to any town highway, regardless of whether the highway was originally laid out by the town, the former county court, the supreme court, a committee of the general assembly, a turnpike company, or was established in any other manner now or formerly authorized by law.

(b) Notwithstanding subsection (a) of this section, the legislative body shall not discontinue a class 1 or class 2 town highway without the prior approval of the secretary of transportation.

(c) Notwithstanding subsection (a) of this section, the legislative body shall not discontinue a class 3 or class 4 town highway extending into an adjacent municipality without notifying the legislative body of the adjacent municipality. If the legislative body of the adjacent town is aggrieved by a decision of the legislative body of the municipality in which the highway is located, it may appeal to the transportation board pursuant to subdivision 5(d)(9) of this title. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 2005, No. 178 (Adj. Sess.), § 6.)