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The fun part is tracking back in the records to find the date of that first partition, then more grubbing around. Better than pounding hubs all day long.
- Posted by: thebionicman
If farmer Brown sells ‘all of Section 4 lying south of the center of Pig Flat Road (as travelled)’, then the physical center of that road at parcel creation is the boundary.
Yep. And it isn’t always easy to tell if the adjoining parcels were created from ROW centerline, pavement centerline, centerline stripe, fog line, or edge of pavement. Careful study of the deed or paper plat (a term around here for a nonsurveyed plat), aerial photos from the time of the first conveyance (or as old as possible), lines of possesion, monuments, the physical road, and the actual ROW are all needed to figure it out, because the deed almost never says which was used. Many homeowner short plats (paper plats – again, no survey required) were done that way around here. The owner paced or taped off a distance from the EOP or CL stripe to where he wanted the corner to be. It doesnt move the ROW, it just defines the adjoining parcel differently than “standard”.
Around here, the ROW is easy to find through research (assuming one does the necessary research and field work, which IS time consuming on many pre-1935 roads, so some dont). Figuring out what the adjoining parcels (whos deeds call to the road) were measured from (many of which werent created by survey) is much more difficult.
There are some statutes that address the issue of ROW widths, and how county roads that are undefined in the record are treated in the states I work in. It sounds like Arkansas lacks these statutes. Which would make Nate’s job more difficult.
Mighty, they have tried to get those laws passed. But, farmers protested them.
N
- Posted by: MightyMoe
There are some statutes that address the issue of ROW widths, and how county roads that are undefined in the record are treated in the states I work in. It sounds like Arkansas lacks these statutes. Which would make Nate’s job more difficult.
out West I think that is pretty common. Local agency personnel can often point to the statutes.
Here in Baja, Mexico I find that there are Federal, State, and Municipality mandated widths…
the curious part is that they seem to be ambulatory, they Move with the centerline of the latest realignment… Until there are “significant” improvements at the statute R/W line. Then we get into the condemnation and acquisition processes (lengthy).
Son-in-law (Architect) is a Municipal agent and gets into that a bit, fascinating. - Posted by: Nate The Surveyor
Mighty, they have tried to get those laws passed. But, farmers protested them.
N
This thread got my curiosity up, I did a very quick search, there are a number of road laws in Arkansas, the article I clicked on was an interesting read. I didn’t dig into the actual statutes, just don’t have the time today.
- Posted by: MightyMoePosted by: Nate The Surveyor
Mighty, they have tried to get those laws passed. But, farmers protested them.
N
This thread got my curiosity up, I did a very quick search, there are a number of road laws in Arkansas, the article I clicked on was an interesting read. I didn’t dig into the actual statutes, just don’t have the time today.
Moe,
What is the link to this article? I would like to review these statutes and see how close I came in my 1980 decisions.
DDSM
- Posted by: Dan B. RobisonPosted by: MightyMoePosted by: Nate The Surveyor
Mighty, they have tried to get those laws passed. But, farmers protested them.
N
This thread got my curiosity up, I did a very quick search, there are a number of road laws in Arkansas, the article I clicked on was an interesting read. I didn’t dig into the actual statutes, just don’t have the time today.
Moe,
What is the link to this article? I would like to review these statutes and see how close I came in my 1980 decisions.
DDSM
http://www.encyclopediaofarkansas.net/encyclopedia/entry-detail.aspx?entryID=4209
I will bet you already know what is in this article, there are references to state statutes dealing with roads, the article is short and interesting, but not an academic resource.
Around here (WA), the early settlers (1854 territorial legislature setup) were pretty keen on roads for security and commerce concerns. Our board of county commissioners was mostly a road board for the first 40 years or so. Most of the “roads” up to the 1870s being mostly old trails and high hopes. All the pre statehood “roads” (1855 to 1889) were set by the legislature at 60 feet, unless the commisioners designated a different width. Some of these early roads were authorized by the territorial legislature (not the county), so records are sometimes partly in both places.
Our first “real” road(ish) was the 1858 military road through our county from Fort Vancouver in the south to Fort Steilacoom to the north. The territorial governor’s wife had quite a bit to say about that road in her memoir. I have a historical society quarterly in my office called “The Military Road in Cowlitz County, ‘An Awful Road, Really'”, which details some of her thoughts. The description of the contract for the preparation of the road sounds dreadfull. Stumps to be left 10″ high, corduroy logs 10″ in dia through the wet spots, no gravel or ballast of any kind. The wagons used on the road were mostly spring-less. I wish people today really knew what came before and how good we all have it.
We have several rivers and much mountainous terrain through our little county, so boat travel was still the best way to get goods (and people) through the county until about 1923, when the Pacific Highway was finished and they started developing modern roads into it. We had trains, but they stayed down by the water where it was flat. For awhile, the train stopped on one side of the columbia river (the big one) and then was ferried to the otherside because it was so difficult to build rail through the county in some spots. Again, i really like working somewhere where the records and general history are so easy to find.
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