The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1915-06-25
Condensed Facts
About The Roads
States Attorney Williams Has
Briefed Road Laws for Guid-
ance of Supervisors

IA As road overseer of your Dist
!, rict there has no doubt been
many questions come, up as to
! your duties in looking after the
t1foads Of your district and as to
what constitute public highways.
For the purpose Of assisting you
am addressing you this letter
and I want to assure you that
shall be glad to give you fur
ther information as to the road
laws and the duties of your Of
flee if you will write me con-
csrning any question that yo1
may be n doubt about.
In the first place let us take
up the question Of what are con
sidered public roads. The, Stat
utes and the decisions Of the Su-
preme Court Of our state are
very plain and positive in this
matter. Our Code provides ~
ALI public roads and highways
within this state which have
been open and in use as such,
and included in road district
in the town in which the same
are respectively situated during
twenty years next preceding
the time when this article shall
take effect, are hereby declared
to be public roads or highways
and confirmed and established
as such whether the same have
been lawfully laid out, establish
ed and opened or not. ~
Every road laid out by the
proper authorities, as provided
in this chapter, from which no
appeal has been taken within the
time limited for taking such ap-
peal is hereby declared . public
highway to all intents and pur-
poses, and all persons having re-
fused or. neglected to take an
appeal, as provided: for in this
chapter, shall forever be der
barred from any further redress.
(3) "In all townships in this
state outside the limits of incor-
porated cities, villages or towns,
the congressional section lines
shall be considered upblic roads,
to be opened to the width of
two rods on each side Of such
section lines, where the same
have not already been opened up
on the order Of the board <hav-
ing jurisdiction as provided by
section 1921 without any survey
being had, except where it may
be necessary on account Of varia-
tions caused by natural obstacles
subject however, to all the provis
ions Of this chapter in relation
to assessment Of damages. Sec
81 of Chapter 20 Of the laws Of
1877 provides; CA; public high
ways which have been or may
hereafter be- used as sunas for
twenty years or more, shall be
deemed public highways" 1t
wac held by the Supreme Court
Of this State in the case of Town
ship VS.. Skauge, 6 N. d. 1882, de-
cided in 1897 that the last mem
toned law of 1877 was not re-
pealed.
In addition to the above Con-
gress by act of Congress passed
in the year 1866 granted to the
public for highway purposes a
strip Of land 66 feet wide. on
each side Of every section line
Of the land then held by the
United States Government. All
Of the land in this county was at
that time public land so that
the section lines are all public
highways, dedicated to the pub
lie by Act Of Congress; and the
Supreme Court of this state has
80 held. A good many are Of
the opinion that it is necessary
to open up section line by some
sort Of legal proceedings before
the same is q public road and
that the owner Of the land is en-
titled to damages, this is not
here have been = good many
complaints from some parts Of
the county that many Of the
roads have been fenced up, plow-
up, rocks hauled upon them
H. "a otherwise injured. There (
\ are statutes making this q crime
punishable by, fine or imprisop-
ment and it is the duty of9the
road overseer to see to 1t that
these laws are enforced. The
following are some Of the laws
with reference to-. Dbstructing
the roads (l) Sec. 2037 pro