§ 24-3-108 — Roads established by consent of landowners

Public roads shall be established without the appointment of a
viewer, or without any other proceeding, than the order of the
board of county commissioners; provided, that the written
consent of all the owners of the land to be used for that
purpose, be first filed in the office of the county clerk, and
when it is shown to the satisfaction of the said board that the
said road is of sufficient importance to be opened and traveled,
they shall make an order establishing the same. The board of the
county commissioners, when in their judgment such action shall
be in the interests of economy or the public good, may purchase
or receive donations or rights-of-way for a public road, or any
alteration thereof, or any part thereof, from any and all
persons along the route thereof, and declare the same opened,
whenever the consent of the owners of the land through which
said proposed road or alteration shall run, has been obtained,
either by the donations of land or when an amicable adjustment
of the amount to be paid therefor has been made between such
landowners and said board; and all roads or parts of roads or
alteration of roads heretofore opened or made, by consent or
adjustment of damages, without recourse to other proceedings,
are hereby declared to be public roads, the same as if such
roads had been legally opened, or said alterations legally made.