-
Fee and Title to the middle of the street in a housing tract in California.
I live in an unincorporated area in California, General law County of Ventura. The Board of Supervisors approved the dedication of property
to maintain the public right of ways to include roads, sidewalks and parkway trees in 1961. It receives gas taxes yearly earmarked for this repair,
so we pay the government to maintain this dedicated property. On 23 Dec. 2006, they created an Ordinance, transferring all government duties, responsibilities and liabilities on the public right of ways they approved in a dedication, to the adjacent property owner. California Constitution is subverted. They claim we owe fee and title to the middle of the street. Our property map dimensions show that our property starts 6″ before the public sidewalk, clearly, based on dimensions, we don’t own public property. Ca Streets and Highways Code 941a and 1806 (1955 and 1957) and Miller and Starr state that in a housing tracts, the County or City that approved the dedication is legal responsible to maintain the public right of way. County has countered with 1911 Improvement Act SHC 5600-5630. Upon my investigation, this was only for a business in a town, never ruled for housing tracts not created till 1945. There were no taxes collected in 1911 for a business in a town to repair the public sidewalk in front of their establishment. So the Municipality posted a bond, was paid back by Business Owners in Towns. SHC 22060 require the Board of Supervisors to maintain the public parkway trees. Their own Ordinance 2041, states that they own everything planted on the parkway, where the tree roots have destroyed their own sidewalks. Jones vs Deeter 1986, requires a Municipality to maintain the parkway trees, including their roots, that have cracked and lifted the public sidewalks. County has written letters to adjacent property owners, claiming we own the public sidewalk. How can we own title and fee when their own Ordinance states they own this property? How can we own property when the dimensions dont go to the middle of the street, only go out 6″ before the public sidewalk. How can an easement be placed on the right of ways property when we private property owners dont own a public street, parkway or sidewalk? We pay taxes for government to maintain government property. All court decisions in California dont allow any General law County/City to transfer its own duties to adjacent property owners, while they are collecting gas taxes for this maintenance. Please advise.
Log in to reply.