What is required to create a public street according to dedication law?

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To create a public street under dedication law, an offer to dedicate and acceptance of that offer are essential. This process involves the property owner (the dedicator) formally proposing to dedicate the land for public use, which is typically expressed through legal documentation or a survey. Acceptance is equally important; it indicates that the relevant public authority, such as a city or municipality, acknowledges the offer and agrees to take responsibility for maintaining and using the street for public benefit. This dual requirement of offer and acceptance ensures that there is a clear intention to create a public street and that the public entity agrees to that intention, thereby enabling public access and use of the newly dedicated street.

Recording the street plan, approval from local homeowners, or a majority vote do not suffice on their own to establish public streets according to dedication law. While these factors can play roles in community input or planning processes, they are not the legal requirements that establish the dedication itself. The fundamental legal principle rests on the mutual agreement between the dedicator and the public authority.

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