Barfnecht v. Town Board of Hollywood Township (1975)

As the Minnesota Supreme Court pointed out in Barfnecht v. Town Bd. of Hollywood Township, 38 232 N.W.2d 420, 424 (Minn. 1975), the government may accomplish its future needs for “upgrading, widening, or improving public ways” acquired by prescription through the process of eminent domain.

Id. at 506, 232 N.W.2d at 422 (emphasis added).

Thus, in Barfnecht , the statute provided as material to our discussion: When any road or portion thereof shall have been used and kept in repair and worked for at least six years continuously as a public highway, the same shall be deemed dedicated to the public to the width of two rods on each side of the center line thereof and be and remain, until lawfully vacated, a public highway whether the same has ever been established as a public highway or not; Barfnecht, 232 N.W.2…

In Barfnecht v. Town Board of Hollywood Township, 304 Minn. 505, 508 , 232 N.W.2d 420, 423 (1975), we stated, “if [the landowner] means to dispute the rightfulness of the public use, he must assert his rights within a statutory period by physical action or suit.” In so doing we restated the law set forth in Miller v. Town of Corinna, 42 Minn. 391, 392 , 44 N.W. 127, 128 (1890), that the landowner can stop the running of the statute “by applying to the courts to have the righ…

Keidel , at 260. [¶ 32] On appeal after the remand, we again discussed the description and dimensions of the prescriptive road in Keidel v. Rask, 304 N.W.2d 402, 408-09 (N.D.1981), and we quoted with approval from Barfnecht v. Town Bd., 304 Minn. 505 , 232 N.W.2d 420, 423-24 (1975): “A dedication resulting from adverse public use arises from the fact that such use serves to give the owner notice that, if he means to dispute the rightfulness of the public use, he must assert …

Barfnecht v. Town Bd. of Hollywood Twp., 304 Minn. 505, 505 , 232 N.W.2d 420, 422 (1975).

See Minn.Stat. § 117.055 (2006) (describing petition and notice necessary to institute eminent domain proceedings); Barfnecht v. Town Bd. of Hollywood Twp., 304 Minn. 505, 509 , 232 N.W.2d 420, 424 (1975) (explaining that “[ejminent domain proceedings * * * provide private landowners with notice, due process of law, and the opportunity to secure just and fair compensation”).

See Barfnecht v. Town Bd. of Hollywood Twp., Carver Co., Minnesota, 304 Minn. 505 , 232 N.W.2d 420 (1975); Keidel v. Rask, 304 N.W.2d 402 (N.D., 1981); 76 A.L.R.2d 535 ; 76 A.L.R.2d Later Case Service, ž 4, p. 191; 39 Am.Jur.2d, Highways, Streets, & Bridges, ž 52, p. 440; 2 Cameron, Michigan Real Property Law, Principles & Commentary (2d ed.), ž 25.9, p. 1162. [1] Or 20 years, depending upon when the highway was established.

See Barfnecht v. Town Board of Hollywood Township, 304 Minn. 505, 508 , 232 N.W.2d 420, 423 (1975); see also Minn. Stat. § 160.05 , subd. 1 (1988) (when any road has been used and kept in repair as a public road by a road authority for at least six years continuously, it shall be deemed dedicated to the public to the width of the actual use).

See Barfnecht v. Town Board of Hollywood Township, 304 Minn. 505 , 232 N.W. 2d 420 (1975).