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SMALL v. BURLEIGH COUNTY

Civ. No. 9029.

225 N.W.2d 295 (1974)

Walt SMALL, Appellant, v. BURLEIGH COUNTY, a political subdivision of the State of North Dakota, and the Board of County Commissioners for Burleigh County, North Dakota, Appellees, and A. G. Golden and Chris Yegen, Intervenors-Appellees.

Supreme Court of North Dakota.

Rehearing Denied January 30, 1975.

Attorney(s) appearing for the Case

Sperry & Schultz, Bismarck, for appellant.

Thomas F. Kelsch, State's Atty., and Dennis A. Schneider, Asst. State's Atty., Bismarck, for appellees.

Fleck, Mather, Strutz & Mayer, Bismarck, for intervenors-appellees.

VOGEL, Judge.

This case presents us with the necessity of examining some historic concepts related to land ownership in North Dakota, more specifically, public rights-of-way upon the 33 feet on each side of section lines. Walt Small, a Burleigh County farmer, petitioned the board of county commissioners to declare certain section lines to be public roads and to require the removal of fences along such section lines. In support of his petition Mr. Small submitted an...

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