A highway may be a mere footway.
(Tyler v. Sturdy, 108 Mass., 196 [1871].)
Neither the breadth, form, degree of facility, manner of construction, private, corporate,
or public ownership, or source or manner of raising the fund for construction and
maintenance, distinguishes a highway, but the fact of general public right of user for
passage, without individual discrimination, is the essential feature.
A highway right-of-way cannot be established by haphazard, unintentional, or incomplete actions.
[SOUTHERN UTAH WILDERNESS ALLIANCE, and SIERRA CLUB v. BUREAU OF LAND MANAGEMENT, January 6, 2006]