Lawrence County v. Deadwood & G. Toll-Road Co.

Citations

• 11 S.D. 74
• 75 N.W. 817
• 1898 S.D. LEXIS 74

Syllabus

<p>1. Evidence of an attempt to substantially comply with Comp. Laws, $ 3026-3037, authorizing individuals and corporations to establish and operate wagon roads at a fixed rate of toll, and the construction at great expense and maintenance of such a road for over fifteen years by a private corporation, under an unchallenged claim of title, which was officially recognized by the county, is prima facie evidence of ownership, as against the county.</p> <p>2. Where the statute (Comp. Laws, § 1210 et seg.) in regard to taking property for a public highway does not attempt to provide a .complete scheme to devest every substantial private property right for the use of the public, the fundamental principle that the word “owner” should be construed to embrace every person whose property is to be directly seized and appropriated is applicable; and, where a company operating - a toll road over practically the same route located for the new hig’hway was made a party to the proceedings by the county, it is entitled to, show the amount of its damages.</p>