Show IN REGARD TO PUBLIC ROADS the following letter from actor ney general barnes to county clerk W warner mitchell is self explanatory salt lake city nov 24 1915 in reply to your favor of the dinst you there state that you are directed by the board of county commissioners ners to inquire of my office a to the powers of such board regarding the designation of public highways throughout the county you call attention to an ordinance which was passed by a former board 1 providing 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 count outside of incorporated cities but nowhere does the statutes authorize authorize boards of county commissioners bi 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 posited by a former board of your counti there is no state law which provides that lands along government Govern nent section lines be dedicated and used for public highways A public highway may be extended along a government section line and if the land is in the public domain a road may be established without any further act on the part of the board than to open the same and permit the same to be traveled but if the land is in private ownership suet such cannot be done without the cor sent of the owners of the land this consent may be had by private negotiations private purchase or by condemnation boards of county commissioners cannot by merely saying so take land which is in private ownership for highway purposes they must acquire the land either by 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 for highway purposes where highways have been established while the land was yet a part of the public domain and where such highways were in use at the time the title to such land or lands passed into private ownership then the owner of the land so purchased takes the the land subject to the right of the public to use that portion of it already dedicated for highway purposes parties who purchase land of the domain may if there has been no regularly laid out and established highway through the same fence such lands and prevent any one from trespassing tres passing thereon if this is done and it is desired to have a 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 condemnation proceedings must be brought before the land can be used fur for such purposes and in a condemnation preceding ling A t will be necess necessary essry pry to show to the court that there is a necessity for the use of such land for highway purposes and then the damage to the th owner will be determined yo yours urs very truly A R barnes barnea attorney general |