Dedication – Acceptance of

When the acts of the owner of the land are relied on to establish a dedication of land for the purposes of a public road, an acceptance of the same by the public must be proven. Banner County v. Young, 184 Neb. 546, 169 N.W.2d 280 (1969); Warren v. Brown, 31 Neb. 8, 47 N.W. 633 (1890).

To constitute a valid dedication of private property for a public highway, it must clearly appear that the owner intended to dedicate the land for a highway, and that the public by user or otherwise, accepted the land for that purpose. Banner County v. Young, 184 Neb. 546, 169 N.W.2d 280 (1969); Close v. Swanson, 64 Neb. 389, 89 N.W. 1043 (1902).

Although no formal declaration is necessary, there is no public use until such time as there is “use or some other act” indicating the city’s acceptance of the dedication and intent to use the dedicated land. Aro Inv. Co. v. City of Omaha, 179 Neb. 569, 575, 139 N.W.2d 349, 352 (1966).

In a consent dedication of private property for a public highway, it is necessary to prove the acceptance of the land for highway purposes by proving that a road was opened or used. Until it is opened or used by the public it is not finally established. Banner County v. Young, 184 Neb. 546, 169 N.W.2d 280 (1969).

Evidence of long-continued use by the public tends to show the establishment of a road by dedication over the public domain. So, also, does the surveying, marking out, platting, and improving of a road by the public authorities. Banner County v. Young, 184 Neb. 546, 169 N.W.2d 280 (1969).

Even if land over which alleged road passed was not a part of public domain, consent entry by board of county commissioners was not sufficient to show an appropriate acceptance absent proof that the land was not reserved for public use or that there was no entryman on it. Banner County v. Young, 184 Neb. 546, 169 N.W.2d 280 (1969).

SEE ALSO HIGHWAY – ESTABLISH