Okanogan County v. Cheetham

Citations

• 37 Wash. 682
• 70 L.R.A. 1027
• 80 P. 262
• 1905 Wash. LEXIS 791

Syllabus

<p>Highways — Over Public Lands — Grant of Congress — Construction — Acceptance by User — County Commissioner’s Acceptance. U. S. R. S. §2477, granting a right of way for the construction of highways over public lands, is a grant in praesenti becoming effective upon user by the public without any formal action on the part of the state; and actual continuous user for seven years by the general public before entry by a homesteader, constitutes such acceptance of the grant; and an acceptance by the county commissioners, under Laws 1903, p. 155, is not necessary, that act providing that nothing therein contained shall invalidate “acceptance of such grant by general public use.”</p> <p>Same — Prescription. In such a case, the ten years user required for prescription is not essential, as it is not a question of prescription, but one of acceptance of a grant.</p>