8.24.025 - Selection of route -- Criteria.

Selection of route — Criteria.

If it is determined that an owner, or one entitled to the beneficial use of land, is entitled to a private way of necessity and it is determined that there is more than one possible route for the private way of necessity, the selection of the route shall be guided by the following priorities in the following order:

     (1) Nonagricultural and nonsilvicultural land shall be used if possible.

     (2) The least-productive land shall be used if it is necessary to cross agricultural land.

     (3) The relative benefits and burdens of the various possible routes shall be weighed to establish an equitable balance between the benefits to the land for which the private way of necessity is sought and the burdens to the land over which the private way of necessity is to run.

[1988 c 129 § 2.]