City of Kentwood v. Sommerdyke Estate

In this case we granted leave to appeal to determine whether a highway created by use under the highway-by-user statute1 is limited to the area of *646actual public use, or to the statutory four-rod width. If the latter, we then must determine whether the four-rod-wide rebuttable presumption is constitutional under the Michigan and United States Constitutions. In accordance with United States Supreme Court case law, we hold that the state has the authority to condition the retention of certain property rights on the performance of an affirmative act within a reasonable statutory period. To that…