Once a private way is established, the judge of the probate court may declare it a public road, provided it is of sufficient length and importance and the number of persons who habitually use it can and will do as much work thereon as is their proper share in working the road alone or in connection with adjacent public roads.
(Orig. Code 1863, § 709; Code 1868, § 771; Code 1873, § 741; Code 1882, § 741; Civil Code 1895, § 682; Civil Code 1910, § 828; Code 1933, § 83-122.)
RESEARCH REFERENCES
ALR.
- Private easement in way vacated, abandoned, or closed by public, 150 A.L.R. 644.
ARTICLE 4 RIGHTS OF WAY FOR MINING, QUARRYING, AND OTHER BUSINESSES
RESEARCH REFERENCES
ALR.
- What is "top" or "apex" of vein or lode, 1 A.L.R. 418.
Pollution of stream by mining operations, 39 A.L.R. 891.
Doctrine of potential possession or ownership as applied to sale or mortgage of royalty or other interest in oil or gas to be produced, 88 A.L.R. 1281.
Instrument conveying land, minerals, or mineral rights as raising implied obligation to drill and develop for oil and gas, 137 A.L.R. 415.
Estoppel to assert termination of oil and gas lease because of cessation of operations, 137 A.L.R. 1037.
Surface owner's right of access through solid mineral seam or vein conveyed to another, or through the space left by its removal, to reach underlying strata, water, oil, gas, etc., 25 A.L.R.2d 1250.
Right of mineral lessee to deposit topsoil, waste materials, and the like upon lessor's additional land not being mined, 26 A.L.R.2d 1453.
Liability of strip or other surface mine or quarry operator to person, other than employee, injured or killed during mining operations, 84 A.L.R.2d 733.