dedication

The appropriation of land, or an easement therein, by the owner, for the use of the public, and accepted for such use by or on behalf of the public. Such dedication may be express where the appropriation is formally declared, or by implication arising by operation of law from the owner's conduct and the facts and circumstances of the case. Varallo v. Metropolitan Government of Nashville and Davidson County, Tenn. App., 508 S.W.2d 342, 346.

A deliberate appropriation of land by its owner for any general and public uses, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. Consolidated Realty Co. v. Richmond Hotel & Building Co., 253 Ky. 463, 69 S.W.2d 985.

See also dedication and reservation.

dedication by adverse user

A dedication may arise from an adverse exclusive use by the public under a claim of right with the knowledge, actual or imputed, and acquiescence of the owner.

@ common-law dedication

@ statutory dedication

@ common-law or statutory dedication

common-law or statutory dedication.

A common-law dedication is one made as above described, and may be either express or implied. A statutory dedication is one made under and in conformity with the provisions of a statute regulating the subject, and is of course necessarily express. An "express common-law dedication" is one where the intent is expressly manifested, such as by ordinary deeds, recorded plats not executed pursuant to statute or defectively certified so as not to constitute a statutory dedication. Board of Com'rs of Garfield County v. Anderson, 167 Okl. 253, 29 P.2d 75, 78.

+ Statutory dedication.

Such occurs when owner of property files or records a plat which marks or notes on plat portions of premises as donated or granted to public; it results in conveyance of dedicated portions in fee simple to public. Water Products Co. of Illinois, Inc. v. Gabel, 2 Dist, 120 Ill.App.3d 668, 76 Ill.Dec. 194, 197, 458 N.E.2d 594, 597

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Copyright law. At common law, the creator of a work has the right to copy and profit from it and distribute it or show it to a limited class of persons for a limited purpose without losing such right, and the right continues until the creator allows general publication of the work to occur. A general publication of work occurs when the work is made available to members of the public at large without regard to whom they are or what they propose to do with it, and common law copyright may be lost by general publication or by an unrestricted sale of a single copy. Clark Equipment Co. v. Harlan Corp., D.C.Kan., 539 F.Supp. 561.

Dedication of work to the public domain is a question of law, not intent of proprietor. Data Cash Systems, Inc. v. JS & A Group, Inc., C.A.I11., 628 F.2d 1038, 1043.

@ express dedication

@ implied dedication

@ express or implied dedication

Express or implied dedication. A dedication may be express, as where the intention to dedicate is expressly manifested by a deed or an explicit oral or written declaration of the owner, or some other explicit manifestation of his purpose to devote the land to the public use. An implied dedication may be shown by some act or course of conduct on the part of the owner from which a reasonable inference of intent may be drawn, or which is inconsistent with any other theory than that he intended a dedication.

@ dedication by adverse user

dedication by adverse user. A dedication may arise from an adverse exclusive use by the public under a claim of right with the knowledge, actual or imputed, and acquiescence of the owner.

@ dedication and reservation

The dedicator may impose reasonable conditions, restrictions and limitations, and compliance therewith is essential unless waived. Dedicator may reserve a new right in himself by way of implied grant and may include rights personal or rights appurtenant to the land. At common law, a reservation in a dedication is not perpetual

@ dedication day

The feast of dedication of churches, or rather the feast day of the saint and patron of a church, which was celebrated not only by the inhabitants of the place, but by those of all the neighboring villages, who usually came there; and such assemblies were allowed as lawful. It was usual for the people to feast and to drink on those days

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