City of San Francisco v. Canavan

Citations

• 42 Cal. 541

Syllabus

<p>Dedication of Land to Public Use must be Irrevocable.—It is one of the essential elements of a good dedication that it shall he irrevocable, and that the land shall he forever dedicated for the public use which is designated, provided the public see fit to use it for that purpose. A reservation of the right to revoke the dedication, defeats the dedication.</p> <p>Valid and Complete Dedication. — To constitute a valid and complete dedication, there must he an intention by the owner, clearly indicated by his words or acts, to dedicate the land to public use, and an acceptance by the public of the dedication.</p> <p>Acceptance of Dedication. — An acceptance of a dedication is generally established by a use by the public of the land for the purpose to which it had been dedicated. Until accepted, the dedication, whether made by deed or otherwise, may he revoked by the owner of the land.</p> <p>Nature of Use Necessary to Constitute Acceptance. — The public use, necessary to constitute an acceptance of a dedication, must he of such duration that the public interest and private rights would he materially impaired if the dedication were revoked and the use by the public discontinued.</p> <p>Evidence of Dedication. — Where land was used in San Francisco as a cemetery, and was so marked upon the Van Ness map, and where the Legislature subsequently authorized the removal of the dead bodies and the dedication of the land to such public use as the Board might deem proper, and the Board undertook to dedicate it as a park: held, that the map was not evidence tending to prove a dedication as a public park.</p> <p>Title of San Francisco to Pueblo Lands.—Neither the former pueblo nor the City and County of San Francisco, as its successor, ever held an indefeasible proprietary interest in the pueblo lands. Such lands are held in trust for certain municipal purposes.</p> <p>Power of the State over Municipalities as to Pueblo Lands.— When California was erected into a State of the Ame