Code Section Group

Code of Civil Procedure - CCP

PART 2. OF CIVIL ACTIONS [307 - 1062.20]

  ( Part 2 enacted 1872. )

TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.7]

  ( Title 10 enacted 1872. )

CHAPTER 4.5. Special Actions and Proceedings to Clear Title [770.010 - 772.060]

  ( Chapter 4.5 added by Stats. 1980, Ch. 44, Sec. 16. )

ARTICLE 2. Land Dedicated for Public Improvement [771.010 - 771.020]
  ( Article 2 added by Stats. 1980, Ch. 44, Sec. 16. )

771.010.
  

If a proposal is heretofore or hereafter made to dedicate real property for public improvement, there is a conclusive presumption that the proposed dedication was not accepted if all of the following conditions are satisfied:

(a) The proposal was made by filing a map only.

(b) No acceptance of the dedication was made and recorded within 25 years after the map was filed.

(c) The real property was not used for the purpose for which the dedication was proposed within 25 years after the map was filed.

(d) The real property was sold to a third person after the map was filed and used as if free of the dedication.

(Added by Stats. 1980, Ch. 44, Sec. 16.)

771.020.
  

(a) An action is authorized to clear title to real property of a proposal to dedicate the property for public improvement if there is a conclusive presumption pursuant to Section 771.010 that the proposed dedication was not accepted.

(b) The action shall be pursuant to Chapter 4 (commencing with Section 760.010) and shall have the following features:

(1) The public entity to which the dedication was proposed shall be named as defendant.

(2) The judgment in the action shall clear the title of the proposed dedication and remove the cloud created by the proposed dedication.

(Added by Stats. 1980, Ch. 44, Sec. 16.)

CCPCode of Civil Procedure - CCP2.