Wells v. Pennington County

Citations

• 2 S.D. 1
• 48 N.W. 305
• 1891 S.D. LEXIS 1

Syllabus

<p>1. Section 2477, Rev. St. U. S., which provides “that the right of way for the construction of highways over public lands not reserved for public use is hereby granted,” is a general grant or dedication, without reservation or exception, of the right of way over the public lands for highway purposes; and the territorial laws, being now sections 1189, 1191, Comp. Laws, providing “that all section lines shall be and are hereby declared public highways as far as practicable,” and “that the public highways along section lines, as declared in section 1189, shall be sixty-six feet wide, and shall be taken equally from each side of said lines,” is an acceptance of the congressional grant, which became operative upon the date of its enactment.</p> <p>2. The act of congress giving the right of way for the construction of highways over public lands, and the territorial law declaring all such lines, as far as practicable, to be public highways, and designating such highways to be 66 feet wide, are notice to all persons filing on public lands subsequent to the passage of these laws that they take them subject to the right of way for highway purposes, if such section lines are found to be practicable.</p> <p>3. Mere settlement on the public lands of the United States confers no rights upon the settler as against the government or its grantees. The settler acquires no vested interest in the land until he has entered the same at the proper land office, and obtained a certificate of entry. Until then the land continues subject to the absolute disposing power of congress.</p> <p>(Syllabus by the court.</p>