Quacchia v. County of Santa Cruz

DRAPER, J.

Defendant county appeals from decree quieting plaintiffs’ title to land.

On March 25, 1941, final subdivision map of Tract 48, Bear Creek Knolls, was filed for record by respondents’ predecessor in interest. The land here in issue is shown on that map as a part of Mesa Drive. The map bears the offer of the sub-dividers to dedicate land for the public streets shown on the map, and also bears the certificate of the county clerk that the map had been approved by the board of supervisors, but that the offers of dedication for street purposes were rejected. The resolution of the board rejecting the offered dedication was dated March 24, 1941. In 1948, respondents acquired title to this land by quitclaim deed. By resolution of October 23, 1956, the supervisors rescinded their 1941 rejection and ae-

[771]

! copied the dedication of Mesa Drive as a public street. Respondents promptly filed this action to quiet title.

, Respondents assert that both offer and acceptance are ' necessary to complete a dedication, that the offer remains open only for a reasonable time and terminates if not accepted within such time.

(City of Santa Clara

v.

Ivancovich,

47 Cal.App.2d 502 [118 P.2d 303];

County of Inyo

v.

Given,

183 Cal. 415 [191 P. 688].) They contend that the 15-year delay ■ was unreasonable, that the offer had therefore terminated before the 1956 acceptance, and that such acceptance had no 1 effect. This contention would warrant serious consideration if this case concerned a common-law dedication.

But in this case, unlike those cited by respondents, the offer of dedication was made after the effective date of the ' Subdivision Map Act of 1937 (Stats. 1937, chap. 670, p. 1863). This act (now Bus. & Prof. Code, § 11500 et seq.) specifically governs the dedication of streets by subdivision map. It provided (§ 20, now Bus. & Prof. Code, § 11616) that “If at the time the final map is approved any streets . . . are rejected, the offer of dedication shall remain open and the (board of supervisors) may by resolution