Walt Small v. Burleigh County

This case presents us with the necessity of examining some historic concepts related to land ownership in North Dakota, more specifically, public rights-of-way upon the 33 feet on each side of section lines. Walt Small, a Burleigh County farmer, petitioned the board of county commissioners to declare certain section lines to be public roads and to require the removal of fences along such section lines. In support of his petition Mr. Small submitted an affidavit stating that he had need of access across these section lines to approximately 2,500 acres of land he farmed. Subsequently, four other farmers joined in his petition. At a meeting on November 6, 1973, the Burleigh County commissioners denied the petition. Small then appealed to the Burleigh County District Court where A. G. Golden and Chris Yegen, the property owners adjacent to the section lines, were allowed to intervene.