Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1888-07-05
Some Pertinent Inquiries.

Some Pertinent Inquiries
Eprr ,us ARors-will you allow me to in
ouire through your columns in regard to
county roads? How does il benefit the
tn have the wood roads made
county roads Does the county rry the
bridges and afterwar,i keeping them in re-
pair, and pay damages for going through
the fields oi citizens, when a road good
enough for all ordinary work is ieit out
side, Do the citizens have to pay special
tax for such road To lie built. whether they
want the road or not? Would you be kind
enough To- state in your paper what is "a
county road. and why are they county
roads, Having bat recently become cit
izcn Of Montana, | ask for information.
Yours respectfully,
ENQuiRER.
Woodroads cannot be made county
roads; they are private roads, under
the statutes, and all expense entailed
in construction and keeping them
in repair must be borne by those
directly interested.
Parties can recover damages for any
injury to their land either by public
or private roads, by resortIng to the
courts, il not satisfied with the APP
praisement OF viewers.
Care should he taken that all roads
especially wood roads-are con
structed through unclaimed and un
desirable land; but this is not always
possible.
No special tax is levied for private
roads, nor can they he paid for out o
the county road fund. Following il
the law in relation to private roads
| See. 1924. The manner Of laying ont an.
private wagon road from the dwelling q
apy person, or from any mill, timber, wat
ering place or any other place to whicl
access is needed Tor public or private us'
to any public road, and of condemning u
i. lands necessary therefor. shall be the sam
ms bereinbeiore provided, excepting tha
the viewers Of the same shall only receiv
compensation for one days services, an
the petition in such cases need lie signe
only by such person, and the expense
| viowinu and survc. in; such road and dah
ages which may accrue to any person D
; reason of laying out the same, ana the e'
pense OF opening the same, shall be pad
such petitioner.
The following sections taken fror
the new road law, will give some ide
, of a county road and the manner
procedure in obtaining them:
See. 1903. When any petition shall
presented for the action OF the county con
n missioners for the laying out, alteration .
# vacation of any county road, IL sllali
accompanied by satisfactory proof tina
= notice has been given by adyertisemei
q posted on the front door OF the count
clerks office and i'm three public places
), the vicinity Of said road or proposed roa
! thirty DAYS previous to the presentation
said petition to the county commissioning
lprooi of the posting Of said notic"s, givil
y time and place, shall he made by alhda'i
which shall be filed with said petition.
Sec. 1910. IL shall be the duty OF Il
$ board of county commissioners oil az
re- county in this territory to appoint a bo'.l
consisting Of three householders OF q
county to Wow and mark out the roa
p pra yed for in the petition, and To hxatii
Tor such view, and to cause notices To
posted in three of the most public plac
1
ldavs previous To the day fixed for the VI,
thereof, giving parties in interest mott
that at the time fixed by the board
county commissioners the viewers so =
pointed will meet at the point designat
In the petition as the starting point oil 81
road, to attend to their duties as We've
T. Proof Of such notice shall be made by al
Dr. dayit and liled IN the once oi the couii
-. clerk.
SEC. ISL The county clerk shall iss
m n warrant directed to the viewers appoi
4 ed, setting forth their appointment anu
ouirjny them To meet at the time and pli
~ ma med by the board OF county comm
st sioners, and to proceed to view ana ma
+, out such road, to assess the damages u
l, benefits accruing tn the owner or owners
| +, any of the lands over which the same ~
I, pass by reason Of the alteration, wideni
eo changing or location thereof and the pr
able cost Of opening such road Tor traNe
Sec. 1873. They 81
assess the benefits and damages accruins
es all persons by reason al the aiterati
N widening, changing or laying out oil =
road, and award tn any person or pers'
I! damages in excess oil the benefits accru
re to him or them u sum equal to such eNc'
and IL the viewers 81 u ma jority oil theEl
" Of opinion that the road should he alter
m. widenc,i, changed or laid out and est
,r. lishe,i, they shall cause n survey and
| of the sa me tn he made by the count.
mt veyor or other competent person, CIV
ny the courses and distances and specify
- the land over which the road passes,
lc- all new roads hereafter opened shall IN
De cases, when il is practicable, he laid out
subiivisional or section lines, and 1t 81
Eli he the duty Of all county commission
Ing when il is practicable. without workin
40. hardship upon any settler. ON petition
majority oi settlers residing upon said r.
lie to change all roads to conform To the
in visions of this section.
he a county road is a public road;
lis which accomm odates considers
de- number OF people. They are
in structed and kept in reparir by
he county road fund. As new cou
tin settles up, as certain localities bec'
on. populous, new outlets to import
Oft points and main roads become ne
ut essary. Roads are frequently sh'
led ened, heightened, changed or AT
ent doned altogether, rs hecircumstai
ac- may warrant. There may be abi
ted under the road law. Certain sccti
In sometimes receive more benefits u
Il