California Codes, Code of Civil Procedure - CCP, Part 2 — Of Civil Actions, Title 10 — Actions in Particular Cases, Chapter 4.5 — Special Actions and Proceedings to Clear Title, Article 2 — Land Dedicated for Public Improvement, Section 771.020

(a) An action is authorized to clear title to real property of a proposal to dedicate the property for public improvement if there is a conclusive presumption pursuant to Section 771.010 that the proposed dedication was not accepted.

(b) The action shall be pursuant to Chapter 4 (commencing with Section 760.010) and shall have the following features:

(1) The public entity to which the dedication was proposed shall be named as defendant.

(2) The judgment in the action shall clear the title of the proposed dedication and remove the cloud created by the proposed dedication.

Notes

Allows an action to clear real-property title of a proposed public-improvement dedication when the statutory conclusive presumption establishes that the dedication was not accepted. The action proceeds under the specified quiet-title chapter, must name the proposed recipient public entity as defendant, and the judgment must remove the proposed dedication and its cloud from title.

Use as reference

Lexinter.net | California Code, Code of Civil Procedure - CCP § 771.020 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-10/chapter-4-5/article-2/section-771-020

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