California Appellate Tracker

Mikkelsen v. Hansen

February 27, 2019

For non-coastal lands, public use alone, no matter how prolonged, cannot by itself create a public dedication of private lands; rather there must be an express irrevocable offer of dedication by the owner and its acceptance by the pertinent public authority.

Following Scher v. Burke (2017) 3 Cal.5th 136, this decision holds that Civil Code 1009(b) bars implied-in-fact as well as implied-in-law dedications of non-coastal lands through public use, absent an express irrevocable offer of dedication by the owner and its acceptance by the pertinent public authority. Public use alone, no matter how prolonged, cannot create a public dedication of private lands.

California Court of Appeal, Fifth District (Detjen, Acting P.J.); January 10, 2019; 31 Cal. App. 5th 170

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