1/14/1981 - Laserfiche WebLink

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JAN 141981 oaK .45'_PAE610 roadway -currently serves solely as access for the persons residing in Government Lot 3. LEGAL MATTERS: The questions for consideration is, "flow does a county obtain title to a road?" t 1. By Deed ---There is no Beed to any portion of Government Lot 3 in favor of the county or any other public body. 2. �y Dedication ---Por example where a person filed a plat map dedicating certain roads to the governmental body or tells the governmental body that it wishes to create a road and that govern- mental body does so. Nothing can be found indicating any dedication of any land in Government Lot 3. 3. P Maintenance ---as set forth in the statutes referred to in the maintenance map. DISCUSSION: The maintenance statutesare strictly construed by the courts because you have, in effect, a taking of property without compensation. The requirements of obtaining a road by "maintenance" are as follows: (A) The road must be "constructed by the county". In our situation no one knows who originally constructed the road. (B) It must be "continuously and uninterruptedly maintained" by the county. In our case, the road was barricaded less than two months prior' to the filing of the map. It further does not mean periodic filling in the potholes as was done for many years. (C) It is obtained only to the "extent in width" actually maintained and necessary for the maintenance of travel. In our situation we do not have a 50 foot right of way extending to the shore of the river, we have: (1) a nine (9) foot wide paved road and shoulders approximately five (5) feet wide, or a 20 foot wide road right of way. The ditches themselves were dug by the Mosquito Control District in the 1940's and have nothing to do with the maintenance of travel. (2) No maintenance on the north side of the pavement Within 200 feet of the river.