Dedication

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Dedication

In Copyright law the first publication of a work that does not comply with the requirements relating to copyright notice and which therefore permits anyone to legally republish it. The gift of land—or an Easement, that is, a right of use of the property of another—by the owner to the government for public use, and accepted for such use by or on behalf of the public.

The owner of the land does not retain any rights that are inconsistent with the complete exercise and enjoyment of the public uses to which the property has been committed.

A dedication is express where the gift is formally declared, but it can also be implied by operation of law from the owner's actions and the facts and circumstances of the case.

A dedication may be made under Common Law or pursuant to the requirements of statute. A common-law dedication is not subject to the Statute of Frauds, an English Law adopted in the United States, which provides that certain agreements must be in writing. Therefore, a common-law dedication does not have to be expressed in writing to be effective; it is based on Estoppel. If the landowner indicates that his or her land is to be used for a public purpose and public use then occurs, the landowner is estopped, or prevented, from refuting the existence of the public right.

An express common-law dedication is one in which the intent is explicitly indicated—such as by ordinary deeds or recorded plats, which are maps showing the locations and boundaries of individual land parcels subdivided into lots—but the execution of the dedication has not been in accordance with law or certification of it has been defective so as not to constitute a statutory dedication.

A statutory dedication is necessarily express, since it is executed pursuant to, and in conformity with, the provisions of a statute regulating the subject. It cannot be implied from the circumstances of the case.A dedication can result from the contrary exclusive use of land by the public pursuant to a claim of right with the knowledge, actual or attributed, and the acceptance of the owner. This method is known as dedication by adverse user.

dedication

n. the giving of land by a private person or entity to the government, typically for a street, park or school site, as part of and a condition of a real estate development. The local county or city (or other public body) must accept the dedication before it is complete. In many cases there are "dedicated" streets on old subdivision maps which were never officially accepted and, in effect, belong to no one. The adjoining property owners can sue for a judgment to give them the title to the unclaimed (unowned) street or property (quiet title action) or request abandonment by the government which did not accept the street or other property. (See: quiet title action)

DEDICATION. Solemn appropriation. It may be expressed or implied.
     2. An express dedication of property to public use is made by a direct appropriation of it to such use, and it will be enforced. 2 Peters, R. 566; 6 Hill, N. Y. Rep. 407.
     3. But a dedication of property to public or pious uses may be implied from the acts of the owner. A permission to the public for the space of eight or even six years, to use a street without bar or impediment, is evidence from which a dedication to the public may be inferred. 2 Bouv. Inst. n. 1631; 11 East, R. 376; 12 Wheat. R. 585; 10 Pet. 662; 2 Watts, 23; 1 Whart. 469; 3 Verm, 279; 6 Verm. 365; 7 Ham. part 2, 135; 12 Wend. 172; 11 Ala. R. 63, 81; 1 Spencer, 86; 8 Miss. R. 448 5 Watts & S. 141; Wright, 150; 6 Hill, 407 24 Pick. 71; 6 Pet. 431, 498 9 Port.,527; 3 Bing. 447; sed vide 5 Taunt. R. 125. Vide Street, and the following authorities: 3 Kent, Com. 450; 5 Taunt. 125 5 Barn. & Ald. 454: 4 Barn. & Ald. 447; Math. Pres. 833. As to what shall amount to a dedication of an invention to public use, see 1 Gallis. 482; 1 Paine's C. C. R. 345; 2. Pet. R. 1; 7 Pet. R. 292; 4 Mason, R. 1018. See Destination.

References in periodicals archive ?
The Epistle Dedicatory that opens The Prince is addressed from "Niccolo Machiavelli to the Magnificent Lorenzo Medici," who happens to be not the famed Lorenzo the Magnificent but a lesser descendant.
Lt Col Maurice M L Bell unveiled the dedicatory tablet, which records the names of the fallen and the roll of honour tablet, which records the names of those who had also served.
He was then able to get Marquez to sign a dedicatory note and says the true value of the book is sentimental.
Are they two sister saints, or do they represent the ecclesia ex circumcisione and the ecclesia ex gentibus, which are clearly identified in the surviving dedicatory inscription in the church of Santa Sabina, completed just a few years later?
North Tonawanda Mayor and State Senator-elect Rob Ortt had the best intentions when he honored the former and late Mayor James McGinnis's efforts to improve the Deerwood Golf Course with a special dedicatory plaque last April.
In his famed dedicatory tribute in the First Folio, Jonson asserted that his friend more than matched:
While our calendars may seem saturated by dedicatory weeks such as this, for training providers such as ACT at the coal-face of the employment market, it's a key time to stop and think about how to promote the opportunities they provide to ensure young people recognise the employment options available to them.
For this purpose, the Greek original is compared with the Latin versions of Pilatus and Griffolini, who, in his dedicatory epistle, criticises Pilatus for his technique.
Washington, Aug 09 ( ANI ): The Guatemalan government has revealed that archaeologists have found an "extraordinary" Mayan frieze which is richly decorated with images of deities and rulers and a long dedicatory inscription.
His dedicatory poem for the project, “The Long Shot,” was subsequently reproduced in bronze and installed in the park, and was included in the 2008 anthology Literary Nevada: Writings from the Silver State (University of Nevada Press).