Riverside Township v. Newton

Citations

• 11 S.D. 120
• 75 N.W. 899
• 1898 S.D. LEXIS 85

Syllabus

<p>By Act Congress 1861, organizing the territory of Dakota, upon the land being surveyed, sections Nos. 16 and 36 of each township were reserved for school purposes. Aci. Congress 1866, § 2477, granted a “right of way for the construction of highways over public lands not reserved for public uses,” and Comp. Laws, §§ 1189-1191, made all section lines public highways 66 feet in width, taken equally from each side of such lines. Meld, that the withholding of portions of-publie land for school purposes was neither a “grant or reservation for public uses,” within the exception of section 2477, and that such land was subject to the public highway easement without compensation to the owner.</p>