Meek v. Meade County

Citations

• 12 S.D. 162
• 80 N.W. 182
• 1899 S.D. LEXIS 95

Syllabus

<p>1. One contracting- with the board of county commissioners in regard to the establishment by it of a highway is charged with notice of their powers and authority, and, unless they proceed as prescribed by law, their acts do not bind the county.</p> <p>% Under Comp. Laws, §§1189-1260, which provide for the laying out of highways by condemnation proceedings only in counties not having a civil township organization, and for compensation for the land taken, which must be determined by viewers only, after petition for the highway and other statutory proceedings therefor, except in case all the owners of the land to bo used file their written consent thereto in the office of the county auditor, a complaint in an action to recover damages for breach of a contract made by the county commissioners of a county not having a civil township organization, with a landowner, whereby, they as a part of the consideration for the land which they took for a road not located on a section or quarter-section line, agreed to, fence the highway where it ran through plaintiff’s land, which does not show the precedent statutory requisites to have been complied with is demurrable on the ground that such contract is ultra vires.</p>