|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.