Special Actions and Proceedings to Clear TitleLand Dedicated for Public Improvement

Section § 771.010

Explanation

This section of the law sets out rules for when land offered for public use is considered not accepted, assuming certain conditions are met. If someone proposes to dedicate land for public use by filing a map, it's presumed not accepted if no official acceptance happens within 25 years, the land isn't used as intended in that time, and if it's sold to someone else who uses it like normal private property.

If a proposal is heretofore or hereafter made to dedicate real property for public improvement, there is a conclusive presumption that the proposed dedication was not accepted if all of the following conditions are satisfied:
(a)CA Civil Procedure Code § 771.010(a) The proposal was made by filing a map only.
(b)CA Civil Procedure Code § 771.010(b) No acceptance of the dedication was made and recorded within 25 years after the map was filed.
(c)CA Civil Procedure Code § 771.010(c) The real property was not used for the purpose for which the dedication was proposed within 25 years after the map was filed.
(d)CA Civil Procedure Code § 771.010(d) The real property was sold to a third person after the map was filed and used as if free of the dedication.
dedication of real property public improvement conclusive presumption ...

Section § 771.020

Explanation

This law allows someone to file a lawsuit to officially remove any doubts or claims on who owns a certain piece of property if there was a plan for it to be used for public purposes and it wasn't accepted. To do this, you need to follow specific legal procedures and make sure the public agency that was supposed to get the property is named in the lawsuit. Winning the case will officially change the records to show that the public use proposal is no longer an issue.

(a)CA Civil Procedure Code § 771.020(a) An action is authorized to clear title to real property of a proposal to dedicate the property for public improvement if there is a conclusive presumption pursuant to Section 771.010 that the proposed dedication was not accepted.
(b)CA Civil Procedure Code § 771.020(b) The action shall be pursuant to Chapter 4 (commencing with Section 760.010) and shall have the following features:
(1)CA Civil Procedure Code § 771.020(b)(1) The public entity to which the dedication was proposed shall be named as defendant.
(2)CA Civil Procedure Code § 771.020(b)(2) The judgment in the action shall clear the title of the proposed dedication and remove the cloud created by the proposed dedication.
clear title real property public improvement ...