Tuesday, December 31, 2013
A recent Colorado Court of Appeals case caught my eye for its discussion of a "common law" of parks, which was new to me.
In essence, Denver citizens sued to stop the city from turning over a piece of city land to the school district by arguing that the city had treated the land like a park since the Fifties and, in so doing, had made the land a de facto park through such actions under Colorado common law. The Colorado Court of Appeals described the Colorado law as follows:
“In Colorado a dedication of land to public use may be made either according to the common law or pursuant to statute.” City & Cnty. Of Denver v. Publix Cab Co., 135 Colo. 132, 139, 308 P.2d 1016, 1019–20 (1957). Common law dedication occurs when the city's “unambiguous actions” demonstrate its “unequivocal intent” to set the land aside for a particular public use. State Dep't of Highways v. Town of Silverthorne, 707 P.2d 1017, 1020 (Colo.App.1985); accord City of Northglenn v. City of Thornton, 193 Colo. 536, 539, 569 P.2d 319, 321 (1977); City of Denver v. Jacobson, 17 Colo. 497, 500, 30 P. 246, 247 (1892); 11A Eugene McQuillin, Municipal Corporations § 33:32, at n. 6 (3d ed. rev.vol.2009) (intent need not actually exist, but rather must appear to exist).
This blog is an Amazon affiliate. Help support Land Use Prof Blog by making purchases through Amazon links on this site at no cost to you.
- Katherine Dentzman on A Coordinated Approach to Food Safety and Land Use Law at the Urban Fringe
- Jesse Richardson on Local Regulation of Hydraulic Fracturing
- Jamie Baker Roskie on Local Regulation of Hydraulic Fracturing
- Samuel on Schleicher and Rauch on local regulation of the sharing economy
- Timothy Wayne George on Is Reed v. Town of Gilbert an important sign case?
- Jan 30 - Boston U Law - The Iron Triangle of Food Policy - AJLM Symposium
- "Basic Human Right" to Farm Your Lawn?
- CFP: Fordham Law: Sharing Economy, Sharing City: Urban Law and the New Economy
- Fennell and Peñalver on Exactions Creep
- March 11-13: Rocky Mountain Land Use Institute's annual conference: Western Places/Western Spaces: Building Fair & Resilient Communities