Sec. 13a-39. Selectmen to define bounds of highway.
Sec. 13a-39. Selectmen to define bounds of highway. Whenever the boundaries
of any highway have been lost or become uncertain, the selectmen of any town in which
such highway is located, upon the written application of any of the proprietors of land
adjoining such highway, may cause to be made a map of such highway, showing the
fences and bounds as actually existing, and the bounds as claimed by adjoining proprietors, and shall also cause to be placed on such map such lines as in their judgment
coincide with the lines of the highway as originally laid down. Such selectmen shall
cause a notice to be printed for at least two days in a daily paper having a general
circulation in the town in which such highway is located, and shall send a written or
printed notice to each known adjoining proprietor on such highway, setting forth the
name or location of the highway, a description of the portions to be reestablished, the
place and time where such map may be seen, and the time, not less than two weeks from
the date of the issue of such notice, when and place where all parties interested may be
heard under oath in regard to such reestablishment. Such selectmen may adjourn such
hearing from time to time and, upon reaching a decision, shall cause the same to be
published as aforesaid and a notice of the same to be sent to all known adjoining proprietors. Such decision shall specifically define the line of such highway and the bounds
thereof and shall be recorded in the records of the town in which such highway is located,
and the lines and bounds so defined and established shall be the bounds of such highway
unless changed by the Superior Court upon appeal from such decision of the selectmen.
(1949 Rev., S. 2166; 1958 Rev., S. 13-49; 1963, P.A. 226, S. 40; P.A. 76-436, S. 329, 681.)
History: 1963 act replaced previous provisions: See title history; P.A. 76-436 substituted superior court for court of
common pleas, effective July 1, 1978.
See Sec. 13a-37 re determination of boundaries by Transportation Commissioner.
As to former acts. 73 C. 575. Scope of act; procedure before selectmen. 83 C. 101. All steps provided to be strictly
followed; various points considered. 84 C. 646.
Cited. 14 CA 521.
Cited. 11 CS 429. Selectmen have no discretion; their duty is precise. 15 CS 404. Cited. 27 CS 472.