Supreme Court Rules on Road Case in 1931

(12/10/2001)

Transcribed by Norma Knotts Shaffer from microfilm of the Calhoun Chronicle dated 1/22/1931.

Reip Wins Road Case

Charleston, W. Va., Jan 20. - Two cases involving county roads were decided by the state supreme court today.

One case from Calhoun county concerned the right of the county to increase the width of a roadway despite objection of the owner of the land through which the road passed, and who had maintained fences limiting the highway width.  In ruling on that case which was entered by Ira G. Reip against the county court of Calhoun county, the court held that "where a road is established solely by an implied dedication or by prescriptions, its width is not extended by statute beyond fences on each side of the way constantly maintained by the owner of the land throughout the period of user."  The decision pointed out that fences maintained by Reip had limited the road's width to 20 feet but that the county court removed the fences without Reip's permission and increased the road's width to 30 feet.

In the other road case, entered in Doddridge county by Esta M. Kinney and others, against the county court of Doddridge county, the appellate court held that "county courts are required to pay not only for the corpus of land actually taken and for damage to the residue thereof, but also for damage to property abutting a state road even though no land has been acquired from the parties instituting a suit."  Kinney and others had entered suit for damages resulting from the raising of the grade of a highway through West Union.


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