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BARFNECHT v. TOWN BD. OF HOLLYWOOD TP.

No. 44546.

232 N.W.2d 420 (1975)

Walter BARFNECHT, et al., Appellants, v. TOWN BOARD OF HOLLYWOOD TOWNSHIP, CARVER COUNTY, Minnesota, Respondent.

Supreme Court of Minnesota.

July 18, 1975.

Attorney(s) appearing for the Case

Schroeppel & Lilja and Thomas P. Lilja, Buffalo, Fahlgren & Anderson and James W. Fahlgren, St. Paul, for appellant.

Robert A. Nicklaus and Dwight J. Leatham, Chaska, for respondent.

Warren Spannaus, Atty. Gen., John R. Murphy, Asst. Atty. Gen., St. Paul, amicus curiae, for State of Minn., favoring affirmance.

Robert W. Johnson and John R. Krouss, St. Paul, amicus curiae, for County Attys. Council, favoring affirmance.

Mullin & Millhollin, Corning, Iowa, and Lee Sinclair, Potomac, Md., amicus curiae, for National Farmers Org., favoring reversal.

Considered and decided by the court en banc.

PETERSON, Justice.

The constitutional question presented by this appeal is whether Minn.St. 160.05, if construed to extend public dedication of a road to a width of 4 rods and not simply to the extent of actual use, results in a taking of private property without due process of law. As a substitute for the common-law creation of highways by prescription or adverse use,1 the statute provides the following method for acquisition of highways...

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