Road Dedications from 1920

[Stan_K]

I am hoping someone with a better memory can assist State Parks (it will take some time for our legal department to weigh in).

I have a 1920 subdivision with an Owner's Dedication that states, "“that all roads shown on this map are hereby dedicated for public use”. State Parks acquired FEE title to adjoining lands and the road bed. The road is still used to access adjoining property further up the road.

The Contra Costa Approval of Board Supervisors 1920 approval states, "said Board of Supervisors duly accepted on behalf of the public all highways on this map shown to be offered for dedication".

My question: Does the County have rights to install sewer lines in the road way in 2013?

Thanks in advance.

[RAM]

did the offer include PUE?

[dmi]

Were sewers and other utilities in the right of way at the time of acceptance, or installed shortly there after? Civil Code 806 "The extent of the servitude is determined by the terms of the grant, or the nature of the enjoyment by which it is acquired."
There is a difference in a private grant and one to a county or a town or city. A private grant for roadway purposes must specifically state what utilities,if any, are to be part of the easement. This is not generally the case with dedications to a county or city.

So yes, they may repair, replace and maintain their sewer,but I'd wait to hear from legal.

[Stan_K]

There was no mention of a PUE in either the dedication or acceptance. This is a new sewer, nothing before this date, no water, no sewers, no electric..

[mpallamary]

Have you considered abandonment? Not knowing the nature of these, you might be able to apply some civil code provisions. I have used them succesfully.

Good luck

[steffan]

Bello v ABA Energy may be a worthy read in your endeavor.

[Stan_K]

Thanks to all. It helps.