Section 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.