Show vt v t atsy y 52 HIGHWAYS 8 P A W k vt behave We have e re received ceia ved a coulm ulca lion tion signed granger requesting us to answer the following ques eions I 1 in law what constitutes a high way bayz 2 Is 1 there any beaw een eri a highways and a county road 3 if eo so that difference 4 ahat what ie is rewired required to make a road lacounty roa road 2 5 has a county court the power to lay a road in any given direction without consul consulting tin the owners of the land through which such road Is 1 desired to pass 0 6 if the county court should 61 e do would such road be a county r aaa that would bo he held such in law whether it was located ob on a section line otherwise or 7 do you know of any law that compels a man to leave a road on hie his land for public use because eald said land is bounded by a section line 8 Is a county court under tinder obligations lo 10 0 o furnish a road to each dwelling or more than one dwelling 9 it I 1 a man purchases a piece of land from the government ora railroad w where here there are not and never have been beeh any regularly laid off road roads but where tracks that have been need by the public for con ven vengence lence take sake exist and gives to the county court for the tile benefit and use of the public a strip of land four rods wide and half a mile lone loni can lie h afterward afterwards fence in this land previously given for the use of the publio and bo be protected pr elected by law to the above questions we answer as follows 1 according to the statute all roads streets alleys and bridges laid out or erected bythe public or by others than the public and dedicated or abandoned to the use of the public are highways the statute also provides that a highway shall be deemed and taken Ps abandoned to the public when en it has been continuously and uninterruptedly used as a public thoroughfare for a period of ten y years ears 2 practically there is no difference e between a county road and a highway 3 the answer to question 2 render renders a reply to the third query unnecessary 10 4 A road become a county road or a highway when it has been used continuously and un uninterruptedly as a public thoroughfare for a period of 10 years or the statute further saye says that all road roade streets alleys and bridges which are now at the time of the passage 0 of the act march 1886 used by 1 to be highways by the county courts and municipal corporation corporations or which may hereafter be declared shall be deemed and taken to be public highways 5 6 no the county court if it desires to open a public highway a across cross land belonging ton to a private person must acquire by purchase from or by consent odthe of the owner of Isa eaid idland land the right todo so the law provi provides aei however that when any ny owner of land refuses to grant right of way for a road road which the county court deems a public ne chasity cea cei sity proceedings shall be instituted to mohave have a sufficient portion of the land necessary for the road condemned tho the owner to be remunerated nt at a figure determined upon by the court 6 no such a road would be illegal the section lines have no bearing upon the question 7 no man is required to give up to the use of the public for highway purposes any portion of his land except by due dud legal process as stated above in answer to question 5 8 no every person residing at a it distance from a public highway must himself provide a road to his own premises 9 A purchaser of property w which is not crossed aynor any part of it used ae as a public highway ac cording to the definition of a public highway given above aud and no portion of which has been condemned by proper authority to the use of the public has a perfect right to fence in eaid said land at any time of course if ifa a property owner has haa given to the county court for the benefit and jute uee of the public a strip of land and the county court has declared that a public highway then said owner has no legal rig right lit to fence ence up said road |