Small v. Burleigh County’s Empirical Analysis
1974
Citation profile
2 district · 16 state decisions
How this case has been cited
Cited by 18 later decisions — most recently June 2017
2 district · 16 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 43 U.S.C. § 932
Relies on SC Hwy. Dept. v. Barnwell Bros. · Prillaman v. Commonwealth · Smith v. State Highway Commission · Good Humor Corp. v. City of New York · Hildebrand v. Southern Bell Telephone & Telegraph Co.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“§ 24-07-03. Section lines considered public roads open for public travel — Closing same under certain conditions. In all townships in this state, outside the limits of incorporated cities, and outside platted townsites, additions, or subdivisions recorded pursuant to sections 40-50.1-01 through 40-50.1-17 or recorded prior to July 1,1987, under former chapter 40-50, the congressional section lines are considered public roads open for public travel to the width of thirty-three feet [10.06 meters] on each side of the section lines. ‡ ‡ $”
3 later decisions quote this exact passage“"We hold that congressional section lines outside the limits of incorporated cities, unless closed by proceedings permitted by statute, are open for public travel without the necessity of any prior action by a board of township supervisors or county commissioners. "The judgment is reversed and the case is remanded with instructions to direct the removal of the intervenors' fences." Small v. Burleigh County, supra, 225 N.W.2d at 300 (N.D. Dec. 31, 1974), reh. den., id. (Jan. 30, 1975).”
3 later decisions quote this exact passage“[i]n North Dakota the rights of the public to section line highways and to streets are easements only, limited to the right to travel and other rights incident thereto, and the owner of the adjoining land owns the fee title to the property included in the 33 foot easement up to the section line.”
2 later decisions quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.