Section Line Roads

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LS_8750
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Section Line Roads

Post by LS_8750 »

So often we see roads on section lines, in California and other states.

Was there a rule that section lines were rights-of-way during the patent process during some time period?

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Clark E. Stoner, PE, PLS
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CBarrett
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Re: Section Line Roads

Post by CBarrett »

Yes, I read about it couple of years ago. It may have started while I was reading Clark on Boundaries, if I remember correctly.

Edit: Google says North and South Dakota have it in their statutes.

.N.D.C.C. § 24-07-03 — “Section lines considered public roads …”
Declares congressional section lines public roads (outside incorporated cities/villages) and sets the width at two rods on each side (total 66 ft). Also provides the limited process to close them.

N.D.C.C. § 24-06-30 — Removal of fences/obstructions near section lines
Confirms the 33-ft each side clearance when a section-line highway is opened (i.e., the 66-ft corridor).


(Background AG letters repeatedly affirm § 24-07-03 as the source of the public’s right to travel section lines.)

South Dakota (SDCL)

S.D.C.L. § 31-18-1 — Existence of section-line highways by operation of law
Establishes that section-line highways exist by statute (no separate dedication needed).

S.D.C.L. § 31-18-2 — Width of section-line highways
Sets the width at 66 ft, taken 33 ft from each side of the section line, unless changed by law.
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