"the same general state of being, repair, or efficiency as initially constructed" whereas "design" means "to conceive or plan out in the mind." Swieckowski, 934 P.2d at 1385, As such, the duty to maintain can arise only after the road has been designed and constructed. Thus, whether an injury resulting from a dangerous condition of a public highway is caused by the state's failure to maintain the highway or by the inadequate design of the highway depends on the time at which the dangerous condition of the highway arose. Accordingly, an injury results from a state's failure to maintain a public highway when the dangerous condition of the highway causing the injury is allowed to develop subsequent to the initial design and construction of the highway. See, e.g., Moldovan, 842 P.2d at 225 (<HOLDING>); cf., e.g, Powell v. City of Colo. Springs, 25
holding a foreclosure claim on a municipal tax lien asserted against the state was barred by sovereign immunity but sovereign immunity would not bar the bank from seeking just compensation for the states taking of its property as a result of the allegedly unpaid taxes under the takings clause as applied to the states under the fourteenth amendment holding that where the state has entered into a contract fairly authorized by the powers granted by general law the defense of sovereign immunity will not protect the state from an action arising from the states breach of that contract holding that state could not assert sovereign immunity defense where the state had waived immunity in state court and agreed to remove suit to federal court holding that a failure to file an appeal is within the scope of the waiver because the failure does not undermine the validity of the plea or waiver holding that the plaintiffs injuries were a result of the states failure to maintain and therefore finding a waiver of immunity under the cgia where the state allowed a rightofway fence adjacent to highway to fall into a state of disrepair thereby enabling a cow to run onto the highway and injure the plaintiff