Lucas & Company, LLC

Rights-of-Way I



Rights-of-Way I – 1.5 Contact Hours
The case-in-chief is Corey v. City of Fort Dodge, Iowa Supreme Court 1902. This is a case where the city has been dedicated a 70-foot right of way in the middle of a block in a recorded plat of subdivision. The entire block is about 20 feet short. The right-of-way was never physically opened by the city, although a sewer line had been laid down the middle. All of the lots to the north and south of the dedicated right-of-way were laid out to their full measure, improvements made (e.g. house built and occupied, fences erected), leaving all of the shortage in the city’s right-of-way. Now the city wants to open their right-of-way, but in order to do so, must tear down improvements made on the adjoining lots. Can the adjoining landowners adverse possess against the city? Is that even the right question? This is a 2-Page Letter covering 1 Court Opinion consisting of 5 pages. This 7-Page document has a 10-Question examination based on the text of the newsletter and the case-in-chief.

OBJECTIVES: To enhance professional competency and improve practitioner’s knowledge of the law as it relates to the practice of land surveying.