If a rural road was laid out as a 3 rod road, can legislation after that fact simply dictate that it be a 4 rod road?
Does the extra 1/2 rod on each side constitute a "taking" without compensation?
I don't think so. Anything after a certain time period can be worded to happen from then forward, but it seems that the powers that be would need to negotiate with the land owners for any additional right of way beyond what they already are entitled to.
Below is what I have in my Work Order.
OWNERSHIP OF DOCUMENTS
All documents, including but not limited to, drawings, plans, plats, maps, field notes, computer printouts, computer disks, specifications and reports prepared by the PROFESSIONAL under this agreement, are the property of the PROFESSIONAL. They have or will be prepared for the specific use of the CLIENT for his designated employees, agents or subcontractors, in the connection with the performance of construction or development work upon the described real property. The said documents are not intended or represented to be suitable for reuse by the CLIENT or others on extensions of this project or other projects. In the event CLIENT shall use the stated documents or deliver the same to a third party for use upon extensions of this project, or other related or unrelated projects without first obtaining the written consent of the PROFESSIONAL, CLIENT agrees to indemnify PROFESSIONAL from any and all liability, loss or damage PROFESSIONAL may suffer as a result of claims, demands, costs, including reasonable attorneys fees or judgments against it arising from the above stated unauthorized use of the documents.
In no event, due to the possibility of modifications or alterations thereto, will the PROFESSIONAL furnish to CLIENT, his subcontractors, other professional or design professionals employed by him, a computer disk of any CAD Generated Drawings, Plans, Plats, Maps or other such documents. The PROFESSIONAL will furnish to CLIENT a paper (hardcopy) copy or copies of such Drawings, Plans, Plats, Maps or other such documents, excluding therefrom the furnishing of any computer printouts, computer disks and field notes. Each copy of said documents shall have on the face thereof the original sealed, dated and signed signature of the PROFESSIONAL. CLIENT understands that any photocopying, scanning or other means of reproduction of said documents for furnishing to third parties that do not bear the original (not photocopied) seal, date and signature of the PROFESSIONAL renders said documents null and void and shall terminate all liability of the PROFESSIONAL.
CLIENT further understands that the work conducted and resulting Drawings, Plans, Plats, Maps, Computer Printouts, Computer Disks, Field Notes or other supporting documents are a “WORK MADE FOR HIRE” and the OWNERSHIP OF A COPYRIGHT, IF AVAILABLE, VESTS IN THE PROFESSIONAL.
Was the legislation before or after the property had passed into private ownership?
If the legislation was "post-patent" it would technically be a 'take'. There are (and have been) a few different ways that public r/w can be acquired without permission or monetary compensation.
The one that comes to mind quickly is prescriptive rights of the public. We have some lands in Oklahoma that the statutory section line r/w was set as 2 rods by original legislation. Fine for a country lane and a buggy. Not so fine for a motor vehicle (or two).
I can think of at least two court cases in which the county had maintained a considerably wider area than 2 rods for a number of years. The court ruled that the county had the additional R/W by prescription. Of course, this was adjudicated, not legislated.
I don't know how the contract wording got posted into my reply to this message. I was wondering where it went when I was in the other thread, so I did it again in the thread where it was supposed to be.
It would depend on how the original road was acquired for public use, the subsequent area of use, and how the additional 1 rod is supposedly acquired.
Is it a public or private road? How did it come into existence as a road? How did the 3 rod width come into being? Has the 3 rods really been acquired, or just assumed? Was anything wider than the original width used, if so, how, by whom, for how long? etc. etc, etc
