Haynes v. Jones

Citations

• 91 Ohio St. (N.S.) 197

Syllabus

<p>Canals and reservoirs — Entry and occupation of land by state— Constitutes appropriation under act of February 4, 1823 (23 O. L., 56), when — Rights of original owners — Fee simple title in state, when — No adverse possession against state — Effect of act of congress of May 24, 1828 (4 Stats, at Large, 306; 8 U. S. Laws, up) — Fee simple title of state in borrow-pits.</p> <p>1. The entry and occupation of land by the state of Ohio for canal purposes under authority of the act of February 4, 1825, and the exercise of open and notorious acts of ownership thereon and thereover, in and about the construction of the canal system of the state, was an appropriation of such land for canal purposes within the meaning of that act, and entitled the original owner thereof to demand and obtain compensation therefor from the state.</p> <p>2. Under the act of February 4, 1825, the fee simple title of all lands appropriated by the state for canal purposes vested in the state of Ohio.</p> <p>3. No adverse occupation and user of land belonging to the state of Ohio, however long continued, can divest the title of the state in and to such lands.</p> <p>4. The fifth and sixth sections of the act of congress of May 24, 1828, granting lands to the state of Ohio for the purpose of aiding the state in the construction and maintenance of canals, • operated as a present grant, requiring only the selection and identity of the lands to become a perfect estate in fee ;simple in the state of Ohio.</p> <p>5. Where under authority of this act of congress the state of Ohio selected lands for canal purposes, entered thereon and exercised acts of ownership over the same, and evidenced the boundaries of the land selected by it, by open and obvious change of the surface levels incident to the digging and removing of earth and soil therefrom and constructing embankments thereon, the fee simple title of the state became vested and absolute in and to the land so selected as against its grantor, the Unit