Iron County record. [volume] (Cedar City, Utah) 1893-1982, 1915-12-17

ing the designation Of public high
ways throughout the county. You
call attention to an ordinance which
was passed by a former BOARD pro
viding that not less than three rods
be left on all Government surveyed
section lines Of the public domain for
public highways
Boards Of County Commissioners
have, by provision of statute, the
right to lay out, maintain, control,
etc, public roads within the county,
outside of Incorporated cities. But
no where does the statute authorize
boards of county commissioners, by
the mere passing of an ordinance, to
determine the location of highways,
and by such means set aside lands in
private ownership for such purposes.
This is the effect of the ordinance
which you say was passed by former
Board of your county.
"There is no state law which pro-
vides that lands along Government
section lines shall be dedicated and
highway may be extended along
Government section line, and if land is
in the public domain, a road may be
WilnOul any luIIHtI dNb
on the part of the board than to open
the same and permit the same to be
| travelled, but il the land is in private
ownership, such cannot be done with
out the consent of the owners of the
land This consent may be had by
private negotiations, private purchase
| or by condemnation. Boards of Coun-
| ty Commissioners cannot, by merely
| AaIr Lad x.rhsal 10. -, 4
yate ownership for highway purpos-
es. They must acquire the land either
by purchase, or if they are unable to
purchase, then by condemnation. In
| other words, a man who owns land
must be dealt with privately or he
must have his day in court before
he can be deprived of any part of his
land for highway purposes.
"Where highways have been estab-
lished while the land was yet part
Of the public domain and where such
highways were in use at the time the
title to such land or land passed into
private ownership, then the owner of
the land so purchased takes the land
subject to the right of the public to
use that portion of it already dedi-
Gated, for highway purposes.
parties who purchase land of the
public domain may, If there has been
no regularly laid out anG established
highway through the same, fence
such lands and prevent any one from
trespassing thereon. If this is done
and it is desired to have highway
extend through or along such lands
and the owner refuses to dedicate the
necessary portion of his land for such
purposes, and he cannot be otherwise
dealt with in the matter, condemna-
ton proceedings must be brought be-
fore the land can be used for such
purposes, and in condemnation pro-
ceeding it will be necessary to show
to the court that there is necessity
for the use of such land for highway
purposes, and then the damage to the
owner will be determined.
"Yours very truly,
"a. r. BARNES,
"Attorney-Gen ."
The matter of property valuations
| inder the new law was taken UP and
discussed at some length, and the as
SCISSOR instructed to use his best judg-
ment in dealing with special cases OF
land of inferior equality, etc, in order
% make the assessment as equitable
, % all parties concerned as possible.
, An ordinance regulating merchants
licenses within the county as prepared
by the county attorney was read and
duly passed by the commissioners.
The bonds of Jos. D. Cox as justice
, Of the peace and Alonzo Christensen
IS constable of the New Castle pre-.
cnct, were approved and ordered filed
Eva j. Reeves, INDECENT of the Ka'
1arra district, applied for relief from
taxation, and on investigation, it wa:
decided to make an appropriation ou'
If the general fund of the county o.
an amount equivalent to her taxes.
The road up the Cedar City can
!, yon from the Robert Bulloch propert!
20 the intersection with the old roat
y above the electric light plant, on tn
north side of the creek, was designat
o I'd as a county road.
CLAIMS.
The following claims were consid
i cred and allowed:
u Parowan Equitable, road NATL, $500
Z II. w. Lunt, Com. expense.
e II. M. Hendrickson, ct al, roads, $50
a H. M. Hendrickson, ct al, 22.8
e Cedar Mere. & l.. S. Co., road
- materials ................... ........... 1912
y r. II. Palmer, ct al, roads ...... 93.5
- VIM. f. Whitney, wood, CT. HIS 1870
Thos. Robinson, road exp. .... $50
!. j. II. Fife, Atty exp. Oct.-Nov. 21.5
10 r. C. Knell, Com. exp. &c.. 100
= Arrow Head Press, Office exp. SIS
- Pearl O'Donnell, Grim. exp. Sc. IL
) s. O'Donnell, Grim. exp. .......... IL
lS Eliz. Farnsworth, Grim. exp. IL
81 Sheriff, exp. Oct. & Nov. ........ 39.4
=. Isaac Lennon, coffin INDECENT, l5.C
" County Treasurer, Office exp. Al
- Edward Bentley, telephone exp. !
y Recorders deputy, ............ ........ 81