Good morning to all,
A Tract Map was approved by the County but an offer of dedication for alleys was rejected. Years after, the area in question was incorporated and is now a part of the City. Is the City allowed to accept this alleys dedication under SMA's Section 66477.2(a)?
Thank you in advance.
Offer of dedication; Continuation After Rejection
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PPereira
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E_Page
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Normally those offers are irrevocable. So yes, normally the county (or city) can initially reject the offer but accept it at a later date.
I don't know if that has always been true. It may not be in older subdivisions. I don't think the fact that the dedication was made when it was unincorporated area (to the county) and later accepted after annexation (by the city) makes a difference because the dedication is for public use, and both county and city represent the public in their respective jurisdictions. The acceptance is on behalf of the public.
I don't know if that has always been true. It may not be in older subdivisions. I don't think the fact that the dedication was made when it was unincorporated area (to the county) and later accepted after annexation (by the city) makes a difference because the dedication is for public use, and both county and city represent the public in their respective jurisdictions. The acceptance is on behalf of the public.
Evan Page, PLS
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marchenko
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Rejected dedication on map
They can accept, however, it is not necessarily irrevocalbe if done by map. See section 771.010 of the code of civil procedure.
My neighbors successfully sued County under this in a quiet title action, my understanding was either build a road and accept it or get the heck off my title.
I think they settled out of court for a 12 foot pedestrian and bike path easment to the public and vacated/termninated or whatever you call it the offer on the map.
George Marchenko
My neighbors successfully sued County under this in a quiet title action, my understanding was either build a road and accept it or get the heck off my title.
I think they settled out of court for a 12 foot pedestrian and bike path easment to the public and vacated/termninated or whatever you call it the offer on the map.
George Marchenko