Baker v. Hogaboom

Citations

• 12 S.D. 405
• 81 N.W. 730
• 1900 S.D. LEXIS 48

Syllabus

<p>1. A highway is opened to its full width oi two rods on each side of the section lino where the county commissioners declare it oponed, and the public use it, though only on one sido of the section line.</p> <p>2. Oomp. Laws, $$ 1305, providing that, when any road is laid out through inclosed and cultivated land. 20 days’ notice shall be given the owner of the land to remove his fence, provid'd that no inclosurc shall be ordered open between April 1st and October 1st, does hot apply where, after the county commissioners declare a highway opeh along a section line, and the public use it, though only the part on one side, of such line, the part on the other side of such line is inclosed with the other land on such side.</p> <p>3. Clomp. Laws, $51225, providing that a highway which shall not be opened and used in six years from the time of its being laid out shall cease to be a highway, does not apply where a highway along- a section line is declared open by the county commissioners, and the public use it, though only on one side of such line.</p>