SECTIONS 771.010-771.020 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 771.010-771.020

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.

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.