Show HIGHWAYS 1 t i ii ain are in receipt ot a tinmun pation ri faer tn ka which the nd s jhb he fo Tying questions rebye to Jag hi hway 40 14 1 in law what constitutes ft ate way 2 Is there any difference between a highway and a county road if so what is the difference 3 ebat is required to make a road a county road 4 4 has thy the county court cohrt tie the right and power to lay off a road in any given direction without consulting the owners of the lands through which t the e road is to pass lr lt A 6 5 if they s should h uld do so would the road be a co county n road that would be helito held to be such fa law jaw 6 ila their any law that would cop compel apet apel a aman man to leave i a road for two or ahr three e persons to travel beep because Luse it was on a section line such a road having been traveled two or three years and then abandoned by the public with the exception of ott Bree persons a new road near by laid off by the co county coart bel ng used ins lead 7 Is the county court under any 1 obligation I to f furnish arnish roads to F every v ry d dwelling wel liag 8 it HE a man purchases a piece of land from the government or a railroad company where there is ip no regular travelled road and never has seen een and fences inma jand will the he la protect him As ai agrest a greit u t of 0 f ill feeling and c considerable 17 1 has arisen in abts territory oja a lack of a correct understanding re regarding ardina the points of OA law and right light touched by the foregoing queries we ee disposed to reply to them as fully folly and explicitly as our a anace ace will vall allow adow hoping that correct information bathe subject of hig highways neighbors will tend ad to obviate trouble ong 1 all roads streets alleys ond and bridges bridge 4 laid 0 ducor or erected fay by others than the public and dedicated or abandoned eld to etue use of the public are g ve highways N mys such buch is thie the language of t the statute uninterrupted use lor for ten years by the public c cono constitutes the phe ded dedication estion or abandonment contemplated by r the law 2 or ordinarily there is no practical difference between a big highway hway and a county road so far as the law is concerned Z 3 8 A a county road or p perhaps more bie properly speaking a public highway by bueing abandoned to public use is as above or by being laid out and recorded as a highway by order of the county court or if in an incorporated city uy order of the municipal government 4 if a cri tinty court wishes ta to open a public highway across laud belonging to boa a private person it must obtain from the owner by purchase or of otherwise the right so to do if the owner refuse to sell or confer such fl right 9 lit aud and the county coart deems the contemplated tem plated road a public necesse necessity y it may bring bringan an action iu ane brict court to land for the road condemned lor for that purpose on payment to the owner of a bum liked uy the district court as the value hereof thereof including damages 6 no it might be closed atan at any time thile by tut tue owner ot of the laud land crossed by b it 6 no a land owner to is not required by law to give op to tue use of the pu public alic bior of his bis neigh borsany bors Auy portion of bisland his land unless arnch ch portion hat has been condemned by due process of law or has been abandoned to the public polle esq gag enough to give av e t the he public a right tu it as provided v 4 ded bylaw by aaa 1 I 1 I 1 i 7 N no persons locating at a distance dib tance from i a highway ennst provide themselves with roads 01 lights ot way to their own premises 8 the f law will protect a man in the possession owner 1 ptiip and enjoyment the 1 whole of a piece alece of lana parch purchased wd from the ahe government or dr a baltro railroad company com except that on application of the county court or municipal government ag it may in tae discretion oa 0 thel district court be coade maed tw atie purposes poses ofa of a highway as above ahoy eiL set fortu tort li we will observe herd Lerett taiti mf bic legislature of 1886 edn new law superseding All former ift laws Ws upon u pon atie be subject au eject formerly the period of abandonment to public use rea ireA to make a road a public highway was five years the new law makes ittel it ten 1280 much for the law upon the subject w we teel feel to add a adew lew words im relation to its equities in a like utah which is being abeln newly sei set cued tied and in which roads tiit chea etc have not been actually and authoritatively filid off arid and survey surveyed bd almost alnzo numberless opportunities are pr presented e torone evit evil to annoy mader hinder perplex and injure his neighbors iu matters relates i to lights ol of way for boals etc and while the technicalities of the law bigla sustain liman a nan in his cross his laud land with it a i oad boad or duch yet let the necessities under wh which ich settlers in this region labor isho should uld its lead d 1 al all ito to m manifest anif e t a spirit of ana neighborly kindness i the value tot the laud land needed for a a right of way wll seldom amount t to 0 more than a fraction af pf the cost 01 ol 1 t over it jand and when the 1 proper county or municipal 00 officers propose it a naw road alithe all the settlers concerned should mould manifest a willingness to have it opened ervn it if a fei few rd Is of ground ham hai to io Q be e taken froah sor neof them for the purpose par in almost all cag cases esthe the value of the wad toad willinore will more than offset that af the balad used by it even to those who owned theland the land 1 ather ther hand han it is annoy foia to haap aap his neld held traversed and cut up apy by bis earns arid as he be may uffer we dama damage I 1 iram ram ai aach ua a 4 cause canse no jus ge ignats in ane A premises seg ought tobe p rep e pecked and protected where new roads are arc required the t officers ought to lay jay tv them in op out F ottlo N atte necessary ne essa rights of bf way without unnecessarily buc increasing aas costs to the public A disposition tion to pe oe accommodating and and cueli c spirited will usually y prevent atu AU tria friction tion ju in uch such a matters |