OFFICIAL PUBLICATION AMERICAN TITLE A SOCIATION ~ ~ VOUJME XXXVI JUNE, 1957 NUMBER 6 TITLE NEWS Official Publication of THE AMERICAN TITLE ASSOCIATION 3608 Guardian Building-Detroit 26, Michigan Volume XXXVI June, 1957 Number 6 Table of Contents Introduction-The Federal Highway Program ......... ... ................ .. .................... 2 J. E. Sheridan Highway Laws Relating to Controlled Access Roads ..... .. ....... ........... 6 Norman A. Erbe Title Companies and the Expanded Right of Way Problems ...... ............. .. 39 , Daniel W. Rosencrans Arthur A. Anderson Samuel J. Some William A . Thuma INTRODUCTION The Federal Highway Program J. E. SHERIDAN We are extremely grateful to Nor­ veloped its planning sufficiently to man A. Erbe, Attorney General of the show to the satisfaction of the dis­ State of Iowa, for permission to re­ trict engineer the effect of the pro­ print his splendid brief embracing posed construction upon adjace.nt the highway laws of various states property, the treatment of access con­ relating to the control in access roads. trol in the area of Federal acquisi­ Mr. Erbe originally presented this m tion, and that appropriate arrange­ narrative form before the convention ments have been made for mainte­ of the Iowa Title Association in May nance and supervision over the land of this year. As is readily ascertain­ to be acquired and held in the name able, this is the result of a compre­ of the United States pending transfer hensive study of various laws touch· of title and jurisdiction to the State ing on the incidents of highway regu­ or the proper subdivision thereof." lations. Additionally, we are privi­ It is suggested that our members leged to carry the panel discussion bring this quoted portion to the at­ of the American Right of Way Asso­ tention of officers of the Highway ciation Convention held in Chicago, Department and the office of its legal May 16 and 17, dealing with "Title division, plus the Office of the Attor­ Companies and the Expanded Right ney General within the members' ju­ of Way Problems". risdiction. For mechanical reasons, Mailed with this June issue of TI· these bulletins are not included with­ TLE NEWS are copies of procedural in the covers of this issue of TITLE memoranda issued through the Unit­ NEWS but are sent along as supple­ ed States Department of Commerce, mentary material. Bureau of Public Roads (21-4. 1, There have been many times I have issued December 31, 1956; 21-4. 2, been inordinately proud of our mem­ issued March 25, 1957). These Federal bership. During the war years I was Policy and Procedure Instructions --and still am- thrilled over the fact should be read in conjunction with that of over ~~00,000 land acquisitions the material in this issue of TITLE by the Federal Government, we of NEWS. Attention is called to Item the American Title Assocation han­ 3 (5) of Policy and Procedure Me­ dled a tremendously high percent-­ morandum 21-4. 2 dated March 25, all with honor to ourselves, none with 1957. From it, by way of emphasis, disgrace or dishonor. we quote: I enjoyed a resurgence of that feel­ "(5) Three copies of title evidence ing at a convention held in Chicago, covering each property involved pre­ May 16-17. It was the Convention o:f pared in a form acceptable to the the American Right of Way Associa­ Department of Justice. Acceptable tion, their third annual national sem­ forms are described in Department of inar. Attending were Right of Way Justice Pamphlet, 'Regulations for men employed by the State HighWf.Y the Preparation of Title Evidence in Department from all sections of the Land Acquisitions by the United country, representatives from the States', copies of which may be ob­ Office of the Attorney General and/ tained from any United States Attor­ or attorneys employed directly in the ney. Title evidence need not accom­ Highway Department to handle land pany the original submission but acquisitions, utility men interested in should be furnished as soon as prac­ locations and relocations of public ticable. utilities in segments of the new high­ "b. Federal acquisition will not be way. There were oil and gas men, undertaken until the State has de· electric utilities and other public utili- -2- ties men by the dozens at the conven­ The American Title Assocation was tion. And there were about 15 or 20 represented, and well represented, at title men in attendance. the Convention by a panel of four The conference was called to dis­ distinguished title men: (see page 39). cuss a myriad of problems posed by "Title Companies and the Expand­ the 41,000 miles of highway construc­ ed Right of Way Problems" tion which will tie in practically ev­ Panel: ery city of the country with other William A. Thuma, Chief Title metropolitan centers. As was stated Officer, many times by many speakers, never Chicago Title & Trust Company has there been such a program con­ Chicago, Illinois ceived and authorized; never, as one Arthur A. Anderson, President, contemplates collateral projects, has Snohomish County Title Company there been such a vast series of pro­ Everett, Washington jects which will embrace and include Samuel J. Some, Counsel, tens of thousands of new industrial, Title Guarantee and Trust Com­ residential and community enter­ pany prises caused by and resulting from New York, New York the new highway program. Moderator: There was one theme used by all Daniel W. Rosencrans, Vice Pres. speakers, including among others the Title Insurance and Trust Com­ following: pany Honorable Bertram W. Tallamy, Los Angeles, California Federal Highway Administrator This writer was privileged to sit Washington, D.C. with the panel. Honorable C. W. Enfield, Chief Each speaker, to a greater or less Counsel degree, adopted the same general Bureau of Public Roads theme- trusteeship of the funds of Washington, D.C. the public in both the furnishing of Dexter D. MacBride, National evidencing of titles and in the han­ Secretary dling of moneys of the public in cases Division of Highways where the transaction is closed in Sacramento, California escrow by the title company. and scores of other speakers of na­ Each speaker supported the state­ tional standing. ments made by many others during The one theme on which speaker the Convention that the word, "ade­ after speaker dealt is covered by the quacy" should be used by all having word "trustee"; that we are all trus­ anything to do with the program­ tees of the funds of the public; that adequacy of everything, adequacy be­ this definition applies beginning with ginning with planning and adequacy the Planning Division of the State extending right down through the Highway Department, extends down work of the title man including suf­ to field engineers, to employees of the ficiency of evidencing of titles. Or Legal Department of the State, and stated another way, that the evi­ definitely includes the abstract and dences of title be they in the form titl~ company which renders its serv­ of an abstract or a title policy, should ices in connection with the Acquisi­ cover the waterfront completely-go­ tion Program. ing sufficiently back into old titles to Dexter MacBride went so far as to cover such things as outstanding des-cribe all of us as being, so to mortgages, reverters, outstanding speak, Sir Galahads in pursuit of the rights of way, outstanding ease­ Holy Grail. Could be. But my own ments, living trusts, etc.-these and observation Cas a parenthetical side the thousand and one other points observation) is that probably we are in land titles which can encumber more to be described as a bunch of titles to the point there could be a Sir Galahads in hot pursuit of a bunch defective action. of Lady Guineveres. But to get back From the convention I came home to the business in hand. thrilled about the entire program and - 3 - I now submit to our members the D. A number of title men havE: following: interested themselves in this Higlt­ A. That either direct or through way Program to the extent of aid­ your state title assocation, if one ing in the organization of local exists, you present to the Highwa:y chapters of the American Right of Program a proposal of adequacy Way Association, and almost daily of title evidencing. Perhaps where we hear of more associating them­ we have a state title association selves with local chapters. this can best be done by a com­ mittee of the state organization. Additional copies of this issue of B. That each of us considers his TITLE NEWS, together with the sup­ own title company and/ or law of­ plementary material, are obtainable fice as being quasi public in char­ from National Headquarters. In an­ acter on this particular Highway ticipation of demand for such extra Program to the extent we have a copies, we have printed a thousand public duty to render service of in excess of our regular mailing list. adequacy and promptness to the You may order them for $1.00 each, Highway Department. delivered. Extra copies may 'be dis­ C. "The laborer is worthy of his tributed to your State Highway De­ hire." partment, the Office of the Attorney Which is another way of stating General, Right-of-Way men, and any there be cooperation between the and all other agencies working on Highway Department and the title this vast highway program. company looking to reasonable fees I am as enthusiastic as can be which will yield a profit to the about our participation in this High­ member company; and that there way Program; I am equally enthusi­ be an orderly flow of orders from astic in my belief that, following the the Highway Department to the Chicago Convention of the American title company, followed by an ord­ Right of Way Association, the High­ erly delivery of preliminary reports way Department of the several states or preliminary abstracts or both to will wish to have the active support the Highway Department; and by and cooperative work which we of the word "orderly" I mean that the the title profession can deliver.