Newark v. Crane

Citations

• 26 Ohio C.C. Dec. 114
• 19 Ohio C.C. (n.s.) 499

Syllabus

<p>DEDICATION — ADVERSE POSSESSION.</p> <p>1. Land Dedicated for a Specific Use can not be Diverted to Other Uses.</p> <p>Where an owner dedicates land to the public for a particular use, specifying the use and imposing restrictions for the dedication as expressed the land can not be applied to any other use or the • restrictions disregarded.</p> <p>2. Municipality can not Hold as Trustee and Adversely.</p> <p>A city holding land as trustee for the use of the public as a cemetery can not, at the same time, hold it adversely and for its own benefit.</p> <p>3. Fee Remains in Heirs of Dedicator and upon Abandonment of Original Purpose Reverts.</p> <p>Where land was dedicated to the town of Newark for a burying ground, and the city council of said town subsequently passed an ordinance prohibiting any further burials in the land so dedicated and ordering the removal of the remains buried therein, the ordinance was a valid exercise of the police p'ower of the city and operated as a complete abandonment of the dedicated use and the land would revert to the original owner, or his heirs. When the property is no longer desired, or the purpose for which it was dedicated attainable, it will revert to the dedicator.</p> <p>4. Upon Abandonment by a Town of the Public Purpose of the Dedication of the Land, the Property Reverts to the Original Donor.</p> <p>Upon abandonment by 'a town of the public purpose of the dedication of the land, the property reverts to the original donor.</p> <p>5. City Abandoning Dedicated Use Denied Retention for Other Purposes.</p> <p>Where a city or town has by its own act abandoned the use and violated the conditions specified in a deed, it can not retain the grounds for any other purpose.</p> <p>6. Adverse Possession of Dedicated Land Cannot Arise from Permissive Use.</p> <p>That a city may acquire title to land under the statute of limitations, by such adverse possession as is necessary to convey such title to land is not doubted; but the very founda