§ 3.6 - Acceptance of Dedication

• Jurisdiction: Washington

§3.6 ACCEPTANCE OF DEDICATION

Because a valid dedication may impose duties and liabilities incident to ownership upon governmental authorities and exempt the property from taxation, an offer to dedicate may be accepted or rejected; and some form of acceptance is required to complete the dedication. Smith v. King Cnty., 80 Wash. 273, 276, 141 P. 695 (1914). Acceptance may be implied; no express act by public authorities is required. Loose v. Locke, 25 Wn.2d 599, 604, 171 P.2d 849 (1946); City of Seattle v. Hinckley, 67 Wash. 273, 121 P. 444 (1912); Okanogan Cnty. v. Cheetham, 37 Wash. 682, 80 P. 262 (1905), overruled on other grounds by McAllister v. Okanogan Cnty., 51 Wash. 647, 100 P. 146 (1909). Acceptance may be shown by (1) express acts of the governmental authority, (2) implication from acts of the governmental authority, or (3) implication from use by the public for the purpose for which the property is dedicated. City of Spokane v. Catholic Bishop of Spokane, 33 Wn.2d 496, 206 P.2d 277 (1949); Knudsen v. Patton, 26 Wn. App. 134, 143, 611 P.2d 1354 (1980), review denied, 94 Wn.2d 1008 (1980). Each of these forms of acceptance is discussed below.

(1) Express acceptance

Approval of a final or short plat by the appropriate governmental unit is evidence of acceptance of the dedication. RCW...