§ 180. Limitations upon laying out highways. No highways shall be laid
out less than three rods in width, nor through buildings or any fixtures
or erections for the purpose of trade or manufactures, or any yard or
enclosure necessary to the use and enjoyment thereof, without the
consent of the owner or owners thereof, unless so ordered by the supreme
court in the judicial district in which the proposed highway is
situated; such order shall be made on the certificate of the town
superintendent of the town or towns in which the proposed highway is
situated, showing that the public interests will be greatly promoted by
the laying out and opening of such highway; a copy of the certificate
with eight days' notice of the time and place of the hearing before the
supreme court shall be served on the owners of the land, or if they are
not residents of the county upon the occupants; the supreme court upon
such certificates, and the proofs and other proceedings therein, may
order the highway to be laid out and opened, if it deems it necessary
and proper. Upon confirmation by the supreme court, the town
superintendent shall then lay out and open such highway as in other
cases. The provisions of this section shall not apply to buildings,
fixtures, erections, yards or enclosures, made or placed on such land
after an application for the laying out and opening the highway shall
have been made. In case the highway to be laid out shall constitute an
extension or continuation of a public highway already in use, and shall
not as to such new portion, exceed half a mile in length, the town
superintendent may lay out such extension or continuation of a width of
less than three rods, provided, however, that it be not less than the
widest part of the highway of which it is an extension or continuation.
In such case the town superintendent shall specify in his certificate
the precise width of the new portion of such highway, and shall certify
that such width is as great at least as the widest part of the highway
of which it is a continuation or extension. No highway shall be laid out
which shall be identical or substantially so with a highway previously
discontinued or abandoned for public purposes within seven years of such
discontinuance or abandonment, nor where other land or property has been
conveyed to the town at the time of such discontinuance or abandonment
in counties adjoining cities with upward of one million inhabitants.