Tholl v. Koles

Citations

• 65 Kan. 802
• 70 P. 881
• 1902 Kan. LEXIS 138

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Highways — Public Lands. The act of Congress of 1866, giving the right of way for the construction of highways over public lands not reserved for public use (U. S. Rev. Stat. §2477) is a present grant, and, if accepted by the legislature or the public, in an effectual manner, while the land is a part of the public domain, a highway is established.'</p> <p>2. -Act of Congress of 1866. The act of Congress, operating with a statute of the state declaring section lines in a county containing public lands to be highways, constituted a dedication and acceptance of public land for a highway, so that when it passed into private ownership it was taken subject to the easement.</p>