Cedar Falls gazette. [volume] (Cedar Falls, Iowa) 1860-1895, 1866-10-26
Approved April I'd, 1866.
CHAPTER 12T. .
Concerning Private Roads.

Concerning Private Roads.
AN ACT to provide for establishing
private roads in the State Of Iowa.
SECTION /. Be il enacted by tie GEN
crl assembly Of the !SGte Of Iotco, That
private roads may be established i'm the
same way and manner that county
roads are now established by law, and
all the laws of Iowa relating to and
governing the establishment of county
roads shall apply to aud govern the es-
Enlistment of private roads, so far as
the same are applicable and not herein
changed: PrOridGd, That petition
signed by the applicant, for q private
road, alone, shall be sufficient as q basis
upon which to proceed.
SEC. Z. Previous to the appointment
of a commissioner TO view the proposed
private road, and report upon the appli-
cation therefor, the petitioner must file
a bond with the Board of Supervisors,
in penal sum to be fixed by them,
payable to the county, with such sure
tics rs may be approved by said Board
for the use of the parties injured by the
establishment of such private road, with
conditions that the applicant will pay
all the cost resulting from such appli-
cation and will pay all the assessed
damages ia the owners of the land over
which such road may be established,
and comply with all other conditions
upon which such road is established -
Prori|od, He shall not be liable to per-
form any OF the conditions in the said
boud, nor any of the conditions upon
which such road is established, except
the payment of the cost, unless he ne
eepts of such road.
SEC. 3, No private road established
as provided by this Act, shall be order
ed to be opened until the applicant
shall have paid all the damages and
costs, and complied with all other con-
ditions upon which it is established,
which must be done within such time
as may be fixed 10y the Board of Super
visors, and in case he does not pay said
costs and damages, and comply with
said other conditions, within the time
to have waived and forfeited all his
rights to such road upon that applica-
ion; and if thereafter he should desire
such a road, he must proceed anew. ...
SEC. L. When the time for final
hearing and action in relation to such q
road arrives, whether application for
damages has been made or not; and
whether the commissioner has reported
adversely to the establishment of the
road or not, the Board of Supervisors
may hear testimony and receive peti.
tons for and against the establishment
of such road, and may establish the
road upon such conditions as to the pay.
ment of damages and costs, and build.
ing and maintaining fences, and such
other conditions as to the Board may
seem just to all parties concerned; OF
they may reject the road absolutely but
such rejection shall be no bar to anoth'
or application for the same purpose.
SEC. 5. This Act being deemed Of
immediate Importance, shall take effect
and be in force from and after it's pub
LEGATION in the Iowa State Register ant
Iowa Homestead, newspapers publish
ed at Des Moines, Iowa.
Approved April 8, 1866.
1 hereby certify that the foregoing
Act was published in the Iowa State
Register April 18th, 1866, and in the
Iowa Homestead April 18th, 1866.
-.----.-r.r.. JAMES WRIGHT,
Secretary of State.