Tibbitts v. ANTHEM HOLDINGS CORPORATION

MEIERHENRY, Justice.

[¶ 1.] This is an appeal from a judgment to quiet title in abandoned highway land to Rita and Alwin Tibbitts (Tibbitts). We affirm in result.

FACTS

[¶ 2.] In January of 1980, the State of South Dakota Department of Transportation (DOT) formally abandoned a portion of an old highway in Pennington County and declared that any rights reverted to the former owner, his heirs or assigns. The DOT had platted the portion of the road at issue a few weeks prior to the abandonment. The plat split the highway land into two equal lots divided by the road’s center line. The lots were…