Scher v. BurkeAnnotate this Case
Cal. Civ. Code 1009(b), which limits the circumstances in which courts may find implied dedication of private coastal property, applies to property used by the public for nonrecreational vehicle access, as well as property used for recreational purposes.
Plaintiffs filed this action seeking a declaration that their neighbors, private owners of noncoastal property, had acquiesced to the dedication of two roadways, which crossed the neighbors’ land, as public roadways. The trial court agreed, concluding that the neighbors or their predecessors had impliedly offered to dedicate the roadways to public use. The court of appeal reversed, concluding that section 1009, subdivision (b) bars all public use, not just recreational use, from developing into an implied public dedication. The Supreme Court affirmed, holding that section 1009, subdivision (b) contains no implicit exception for nonrecreational use of roadways.