Barfnecht v. Town Board of Hollywood Township

Peterson, Justice.

The constitutional question presented by this appeal is whether Minn. St. 160.05, if construed to extend public dedication of a road to a width of 4 rods and not simply to the extent of actual use, results in a taking of private property without due process of law. As a substitute for the common-law creation of highways by prescription or adverse use, 1 the statute provides the following method for acquisition of highways by adverse public use (Minn. St. 160.05, subd. 1):

“When any road or portion thereof shall have been used and kept in repair and worked for at least six…