Offer of Dedication

[laveyb24]

Subdivision was completed in 1929 which dedicated lots A thru R for public use. These offers where not accepted at this time. A utility company aquires an easement within lot R in 1945. The dedication for public use is accepted in 1948 by resolution and within the local ordinance timeframe of acceptance.

Should the Offer of Dedication be treated as an existing encumbrance prior to the utility company aquiring there easement? Who has senior rights?

Thanks,

[RAM]

Depends if there is a conflict of use, utility is a public use. is the offer for a road? is the utility overhead? per S&H code utility can be there but may have to adjust to roadway. If no use conflict, why does it matter?

Just random thoughts.

[laveyb24]

The offer is for public use. The County wants to put a storm drain in and it is in conflict with the existing utility. Question is who pays for the relocation?

[LS_8750]

Sounds like the utility company acquired an easement and constructed their improvements within that easement, and that easement is located within lands that were dedicated for public use prior - but the public never acted on those lands by accepting the dedication or implicitly by constructing any improvements within the limits of the lands dedicated.

You snooze you lose.

[Peter Ehlert]

Yep, the County project needs to conform to conditions, or Ask the utility to move their stuff. I don't believe they must move it.
Of course the County would pick up the tab... for direct costs.

[RAM]

if offered to the County as roadway, I believe under S&H code, the utility has to move and bears the cost.

[mpallamary]

Be careful as there may be a franchise agreement.

https://mrsc.org/Home/Stay-Informed/MRS ... f-Way.aspx

https://www.nrel.gov/solar/municipal-fr ... nicipality.