Legal Question in Real Estate Law in California
Private storm drainage easement, Contra Costa County, CA.
What constitutes the acceptance of a dedicated private storm drainage easement? Historical use = acceptance? Record usage?
1 Answer from Attorneys
Re: Private storm drainage easement, Contra Costa County, CA.
If you mean acceptance by a public agency of a dedication to the public agency by a private party, it usually takes an action by the public agency's governing body, probably at a public meeting and as an agenda item, for a dedication and acceptance to occur. See Government Code section 7050, and note GC 27281 requiring acceptance by the public agency before a deed to it may be recorded.
However, California law has also recognized so-called common-law dedications under ordinary contract principles. The whole subject matter is fairly complex and I need to be very cautious about advising, on a bulletin board and without careful review and research, whether an acceptance of a dedication could arise in your situation without a formal action, at a meeting, by the Board of Supervisors (or other governing board).
There is some history of litigation over storm drains in Contra Costa County; see, for example, the case of DiMartino v. City of Orinda, a 2000 case decided by the Court of Appeal and published at 80 Cal.App.4th 329.