72-5-104 - Public use constituting dedication -- Scope.
72-5-104. Public use constituting dedication -- Scope.
(1) A highway is dedicated and abandoned to the use of the public when it has beencontinuously used as a public thoroughfare for a period of 10 years.
(2) The dedication and abandonment creates a right-of-way held by the state inaccordance with Sections 72-3-102, 72-3-104, 72-3-105, and 72-5-103.
(3) The scope of the right-of-way is that which is reasonable and necessary to ensure safetravel according to the facts and circumstances.
Amended by Chapter 324, 2000 General Session