Scher v. Burke

*139 In Gion v. City of Santa Cruz (1970) 2 Cal.3d 29 , 84 Cal.Rptr. 162 , 465 P.2d 50 , this court held that private owners of certain coastal property who allowed the public to use the property for recreational purposes over a period of years thereby impliedly dedicated property rights to the public. In response to that decision, the Legislature enacted Civil Code section 1009, which limits the circumstances in which courts may find implied dedication of private coastal property. (Civ. Code, § 1009 (section 1009 ); see id. , subds. (e)-(g).) The statute further provides that "no use" of private…