What evidence does the court have to consider to support the proposition that the owner of a parcel of land is obligated to dedicate the land to the public use?

California, United States of America


The following excerpt is from Flavio v. McKenzie, 218 Cal.App.2d 549, 32 Cal.Rptr. 535 (Cal. App. 1963):

Respondents state, and appellants do not deny, that the [218 Cal.App.2d 555] evidence before us is substantially the same, if not the same, as that before us on the prior appeal. It was held therein that '[t]he record in the instant case is devoid of clear unequivocal acts of the owner to dedicate the land to public use.' (Flavio v. McKenzie, supra, 177 Cal.App.2d p. 277, 2 Cal.Rptr. p. 82.) We reaffirm this holding.

There not being a sufficient offer of dedication, the question of acceptance thereof by the public becomes moot.

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