The record-union., 1894-08-07
HICKNVILLE ROAD CONTEST CLOSED.
The Supervisors Order the Old One
Abandoned.
Ferry Franchise On Old River Granted
Bridge Contract Awarded to
E. E. Barry.

Ln0 DOafQ, ana submitted petition ask
ing that body to certify to the Register of
the United States Land Office the fact
that upward of 81 per acre had been ex-
pended for reclamation purposes In Rec
lamation District 559, on Tyler Island.
The necessary proofs were filed and the
board made the order instructing the
Clerk to prepare the certificate desired.
Until action of this kind is taken the
owners of swamp and overdowed lands
cannot obtain patents therefor.
Thomas Hague wanted the board TO
change a road near the river and Y-street
Ievees, outside the city limits. he was
referred to the Trustees of Reclamation
District No. 535.
GRAND ISLAND MATTERS.
A petition was received from A. Laurit-
zen for franchise to maintain ferry on
Old River, near Rio Vista. 1t was lald
over until afternoon and was then
granted.
The report of the viewers appointed to
examine the road petitioned for on Grand
Island, between Swamp Land Surveys
Nos. 3ll and 3I2, was read. The report
showed that the total damages asked for
amount to S544 20, or at the rate of $40 per
acre for the land, which is the highest
assessed valuation.
and the road declared public highway.
THE HICKsVILLE ROAD.
The board then took up the matter of
the Hicksville road contest, the question
being upon the granting or refusal of the
petition for the abandonment of the old
road from the Hicks grade to the former
village of Hicksville, distance of about
a half-mile. The matter had been previ-
ously argued and all the facts-and many
things that possibly were not facts-laid
before the board.
At the July session of the board the
District Attorney was requested, on mo-
ton of Supervisor Jenkins, to give an
opinion in the matter, especially as to
whether, in case the road should be
abandoned, Mrs. Valensin would be en-
titled to the strip of land it embraces.
Mr.. Ryan's opinion was read to the
board, as follows;
THE LAW ON THE SUBJECT.
SACRAMENTO, August 4, 1894.
The Honorable Board Of Supervisors of
Sacramento County: Relative 10 the
power of the Board of Supervisors to
abandon part of the public highway
near Hicksville, IN Sacramento County.
| fnd the following provisions of the
law applicable TO the subject
Section 26lS, Political Code. SIN all
counties of this State public highways are
roads, streets, alleys, lanes, courts,
places, trails and bridges, laid out or
erected as such by the public, or if laid
out and erected by others, dedicated or
abandoned to the public. or made such
in actions for the partition of real prop
erty."
Section 26l9, Political Code.
"All public highways once established
shall continue to be public highways
until abandoned by order of the Board
OF Supervisors of the county in which
they are situated, or by operation of law,
or Judgment OF court of competent
jurisdiction"
Section 2643, Political Code. ''The
Boards of Supervisors of the several
counties of the State shall have general
supervision over the roads within their
respective counties, and must by proper
order''
3. "a bolish or abandon such as are not
necessary
have just cited are fully considered by
our supreme Court in the case of Keena
VS.. Board Of Supervisors of Placer
County, rs Pacific Reporter, 6I5.
The court in this case sustained an or
der of the Board of Supervisors abolish
ing part Of public highway. 1t follows
from the provisions of these sections and
the case cited, the Board of Supervisors
may, whenever it finds public highway
no longer necessary for the public use, by
order, abandon such highway.
The procedure for the abandonment of
public highway is found in Section 26SI.
Political Code. and following sections. 1t
is upon petition OF ten freeholders, the
appointment and report of viewers. a
subsequent hearing of the board of the
matter, as is required upon a petition for
the opening of a public highway.
In the case before this board this pro-
cedure has been had. 1t is now in order
for the board to determine by it's vote
whether the road in question shall remain
public highway or be abolished and
abandoned.
The question has been asked whether
or not damages could be allowed to a per-
son shown to be injured by the granting
of the petition. If the viewers so report,
or it is made apparent to the board by
proof, am of the opinion the board may
allow damages The same as in the case of
the opening of q public road.
1t has also been asked what becomes of
the land embraced in the road when it is
closed. Section 263l, Political Code. pro-
vides: "By taking or accepting land for
highway, the public acquire the right of
way, and the incidents necessary to en-
joying and maintaining the same. subject
to the regulations in this and the Civil
Code provided"
The abolishing of the road as a public
highway would, so far as the county is
concerned. leave the title to the land in
the original gTantors or owners and their
successors, free of the easement or incl
dent of right of way heretofore enioyed.
In other words, the county having no
other title than right to use the land as
public highway now, by order of its
Board OF Supervisors, abandons that
privilege. FRANK ID. RYAN,
District Attorney.
Supervisor Jenkins was not satisfied,
however, with the District Attorneys
opinion. He said the onlv object in
abandoning the old road would be TO re-
store TO Mrs. Valensin what she claims to
be her property, but if such abandonment
would not effect that result, and only
cause expensive litigation over the land
embraced in the roadway, he could see
no use in abandoning the road. He
thought the District Attorney should
have given his opinion on this point, so
that the board members might under
stand the effect OF any action they might
take.
Supervisor Todd held that it was no
business of the board to meddle with the
matter Of the ownership of the land in
Yolyed. The county did not need the two
roads now running parallel few hun
ureo yards apart and one should be
abandoned. AS to the title TO the land,
that was matter for the disputants to
sette among themselves, by lawsuit or
otherwise.
CHAIRMAN Morrison here remarked that
the noon hour had arrived, and if there
was 10 oe resumption of oratory on the
suDleet the matter would have TO go over
until the afternoon, and the board then
took q recess.
AT the afternoon session the considera-
ton Of the subject was resumed Inv ,SI-
pervisor Todd moving that the old road be
abandoned. The motion was carried by
the following vote:
Ayes-Curtis, Todd and Morr;sop