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News & Press: Court Cases

Implied Dedication: Friends of the Hastain Trail v. Coldwater Development

Tuesday, August 16, 2016  
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In this action to establish a public right of way over a fire road, the court ruled in favor of defendant landowner, holding that 1) the doctrine of implied dedication set forth in Gion v. City of Santa Cruz (1970) 2 Cal.3d 29 applies to inland wilderness property or recreational hiking trails, as well as to beachfront or shoreline property and roads, but that 2) A wilderness fire road is a conditional, temporary public easement, existing only for so long as and to the extent needed to help protect against fire so, accordingly, the landowner could not reasonably contemplate that hikers' use of the road would become permanent.

Cal.App. 2nd Dist. (B249841)  7/27/16


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