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Owner Dedication of Public Streets

We look for specific wording in this review.  If there are no public streets to dedicate, this requirement is waived.  The dedication of public streets must specifically state “public” streets.  In the past, individual names of the streets being dedicated have been included in the statement.  However, if there is an error in the approved street name, this may involve a change in the Certificate of Owners that may be very difficult.

Review

The following information is checked:

·        In the Certificate of Owners, is there a line that reads “The public streets shown on this plat are dedicated to the public”, or similar wording?

The dedication should not be “dedicate (or dedicated) to the public use”.  This is not the same as dedicating to the public.  Use grants a right to use, but still retains ownership.

References: I.C. 50-1309

Also refer to the Paper by the Ada County Surveyor regarding “Creating a Public Use Without Conveying A Fee Simple Interest”

Owner Dedication of Public Streets

We look for specific wording in this review.  If there are no public streets to dedicate, this requirement is waived.  The dedication of public streets must specifically state “public” streets.  In the past, individual names of the streets being dedicated have been included in the statement.  However, if there is an error in the approved street name, this may involve a change in the Certificate of Owners that may be very difficult.

Review

The following information is checked:

·        In the Certificate of Owners, is there a line that reads “The public streets shown on this plat are dedicated to the public”, or similar wording?

The dedication should not be “dedicate (or dedicated) to the public use”.  This is not the same as dedicating to the public.  Use grants a right to use, but still retains ownership.

References: I.C. 50-1309

Also refer to the Paper by the Ada County Surveyor regarding “Creating a Public Use Without Conveying A Fee Simple Interest”


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