§ 3.3 - Offer to Dedicate-Statutory Dedication
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§3.3 OFFER TO DEDICATE—STATUTORY DEDICATION
A statutory dedication is an express dedication that is made pursuant to the provisions of a statute. 11A Eugene McQuillin, The Law of Municipal Corporations §§33.3-33.4 (3d ed. 2009). A statutory dedication operates by way of a grant by the property owner, as opposed to a common-law dedication that is controlled by common-law principles of equitable estoppel. The distinction between common-law dedications and statutory dedications is important in determining the nature of the interest acquired by the public. Kiely v. Graves, 173 Wn.2d 926, 931, 271 P.3d 226 (2012); Karb v. City of Bellingham, 61 Wn.2d 214, 377 P.2d 984 (1963). In a statutory dedication, the intention of the owner to dedicate is typically evidenced by presenting a local government with a final or short plat showing the dedication on the plat. Acceptance by the public is evidenced by governmental approval of the plat or short plat for filing. RCW 58.17.020(3). An executed and recorded instrument establishing a dedication may also be evidence of an owners intent. See, e.g., RCW 79.70.090.
Specific statutory requirements are discussed below.
(1) Subdivisions and short subdivisions
A dedication in connection with a subdivision or short plat is the most common type of dedication. Local government may require a dedication of land as a condition of subdivision approval, as long as it does not result in an unconstitutional taking of private property. RCW 58.17.110(2). See Volume 6, Chapter 2 (Subdivision of Land), of this deskbook for procedures for accomplishing a subdivision or short subdivision of real property.
A plat subject to a dedication must contain a certificate or separate written instrument as part of the final plat that shows all of the street and other areas dedicated to the public (and other benefited parties, if any), and a waiver of all claims against any government for damages to adjacent property caused by the private developer during the construction, the drainage from, and the maintenance of the dedicated property. RCW 58.17.165; see also Howe v. Douglas Cnty., 146 Wn.2d 183, 190, 43 P.3d 1240 (2002) (limiting a government's ability to waive its liability for dedicated improvement to harms caused by the private developer that constructed the improvements). If roads are to be maintained as private roads, the final plat must also show on its face those roads that will remain private. A notary public must acknowledge the signature on the certificate or instrument of dedication for all parties having any ownership interest in the subdivided property, and a title report must accompany the plat or short plat confirming the ownership of the persons signing the instrument. RCW 58.17.165.
(2) Cities and towns—recording of plats
When a city or town files a plat with the office of the county auditor in which the city or town is located, the plat is the official plat of the city or town and the roads, streets, and alleys shown on the plat are public highways. RCW 58.08.050. The streets, lanes, and alleys on the plat must be laid off and recorded in accordance with RCW 58.08.010-030. Any person who does not comply with these requirements may be liable for as much as $100 for each month of delay. RCW 58.08.035.
Before any lots within a town may be sold, a town...
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