3 Cal. 5th 136 - Scher v. Burke’s Empirical Analysis

Citation profile

31 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “no use of such property by the public after the effective date of this section shall ever ripen to confer upon the public or any governmental body or unit a vested right to continue to make such use permanently, in the absence of an express written irrevocable offer of dedication of such property to such use ....”

   2 later decisions quote this exact passage
   e.g. Mikkelsen v. Hansen · 243 Cal. Rptr. 3d 322 - Ditzian v. Unger

2. “Common law dedication, whether express or implied, requires both an offer of dedication and an acceptance of that offer by the public.”

   2 later decisions quote this exact passage
   e.g. Mikkelsen v. Hansen · 242 Cal. Rptr. 3d 483 - Prout v. Dep't of Transp.

3. “"Where a governmental entity is using private lands by an expenditure of public funds on visible improvements on or across such lands or on the cleaning or maintenance related to the public use of such lands in such a manner so that the owner knows or should know that the public is making such use of his land, such use, including any public use reasonably related to the purposes of such improvement, in the absence of either express permission by the owner to continue such use or the taking by the owner of reasonable steps to enjoin, remove or prohibit such use, shall after five years ripen to confer upon the governmental entity a vested right to continue such use."”

   1 later decision quote this exact passage
   e.g. Mikkelsen v. Hansen