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Legal Opinion

Opinion No. (1997)

California Attorney General Reports

Decided March 20, 1997Published

1Opinion of the Court

DANIEL E. LUNGREN Attorney General ANTHONY S. Da VIGO Deputy Attorney General

THE HONORABLE RICHARD K. RAINEY, MEMBER OF THE CALIFORNIA STATE SENATE, has requested an opinion on the following question:

May public funds be used to repair and maintain an unpaved road located on private property if the general public has a "prescriptive use easement" to travel on the road?

CONCLUSION

Public funds may be used to repair and maintain an unpaved road located on private property if the general public has a "prescriptive use easement" to travel on the road.

ANALYSIS

We are advised that an unpaved road in…

2Cases cited10 opinions

  1. California Housing Finance Agency v. ElliottCalifornia Supreme Court · 1976
  2. County of Alameda v. JanssenCalifornia Supreme Court · 1940
  3. Gion v. City of Santa CruzCalifornia Supreme Court · 1970
  4. Union Transportation Co. v. Sacramento CountyCalifornia Supreme Court · 1954
  5. People v. SayigCalifornia Court of Appeal · 1951

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