Legal Question in Real Estate Law in California
implied dedication of road
what is the difference of implied dedication and eminent domain ? If the government built the road I live on 80 years ago, and has since abondened it, then could another party claim that it was an implied dedication and gain an easement with that theory ?
2 Answers from Attorneys
Re: implied dedication of road
Eminent domain is the process by which the governing body obtains private property from its private owners, having to pay them just compensation for the proprety. A private citizen can not use eminent domain. You can not obtain an easement against public land. You have the right to use a public road, as does anyone else.
Re: implied dedication of road
It has been many years since I researched this area of the law. However as I recall, when the government abandons an easement they cannot retain any rights to the road. Thus if the road easement was abandoned there is nothing left. There may be other theories under which an easement could be obtained. You should consult with an attorney in your area to fully explore the facts in your case.
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