2021 Georgia Code
Title 44 - Property
Chapter 5 - Acquisition and Loss of Property
Article 10 - Dedication
§ 44-5-230. Dedication of Lands to Public Use
After an owner dedicates land to public use either expressly or by his actions and the land is used by the public for such a length of time that accommodation of the public or private rights may be materially affected by interruption of the right to use such land, the owner may not afterwards appropriate the land to private purposes.
(Orig. Code 1863, § 2643; Code 1868, § 2642; Code 1873, § 2684; Code 1882, § 2684; Civil Code 1895, § 3591; Civil Code 1910, § 4171; Code 1933, § 85-410.)
Law reviews.- For a note discussing the historical aspects and current law concerning the state's ownership rights in tidelands, see 17 Ga. L. Rev. 851 (1983).
JUDICIAL DECISIONSANALYSIS
- General Consideration
- Requirements for Dedication
- Implied Dedication
- Express Dedication
- Reversion to Owner
OPINIONS OF THE ATTORNEY GENERAL
No funeral home on property for cemetery use.
- Funeral home may not be established on real property dedicated to cemetery use. 1990 Op. Att'y Gen. No. 90-26.
RESEARCH REFERENCES
Am. Jur. 2d.
- 3 Am. Jur. 2d, Adverse Possession, §§ 71, 72, 268 et seq.
C.J.S.- 2 C.J.S., Adverse Possession, § 13 et seq.
ALR.
- Necessity of acceptance of dedicated street to relieve it from taxation, 5 A.L.R. 1537.
Implied or constructive dedication of land between street line and building, 7 A.L.R. 727.
Validity and effect of condition of dedication that remaining property shall not be subject to assessments for improvements, 16 A.L.R. 499; 37 A.L.R. 1357.
Validity and effect of restrictions or reservations in dedication of property in respect of right to operate public utilities, 58 A.L.R. 854.
Attempted dedication as affecting right to assert after-acquired title, 62 A.L.R. 480.
Sufficiency as common-law dedication of incomplete statutory dedication, or ineffectual attempt to make statutory dedication, 63 A.L.R. 667.
Dedication: time for acceptance, 66 A.L.R. 321.
Validity and effect of conditions or covenants in deed of property for streets relating to the use of the property or the street, 69 A.L.R. 1047.
Use by public as affecting acquisition by individual of right of way by prescription, 111 A.L.R. 221.
Reservation of right of way for railroad or street railway in dedicating property for highway, 131 A.L.R. 1472.
Dedication: acceptance of some streets, alleys, and the like appearing on plat as acceptance of all, 32 A.L.R.2d 953.
Construction or maintenance of sewers, water pipes, or the like by public authorities in roadway, street, or alley as indicating dedication or acceptance thereof, 52 A.L.R.2d 263.
Right of owner of servient tenement subject to right of way to dedicate his land, 69 A.L.R.2d 1236.
Width and boundaries of public highway acquired by prescription or adverse user, 76 A.L.R.2d 535.
Revocation or withdrawal of dedication by grantees or successors in interest of dedicator, 86 A.L.R.2d 860.
Use of property by public as affecting acquisition of title by adverse possession, 56 A.L.R.3d 1182.
Implied acceptance, by public use, of dedication of beach or shoreline adjoining public waters, 24 A.L.R.4th 294.
