Friends of the Hastain Trail v. Coldwater Development LLC

CHANEY, J.,

Concurring.—I concur with the opinion in order to express an individual view on two issues.

First, even if substantial use of a fire road could ripen into public dedication of the servient tenement, no substantial evidence supports the trial court’s finding that the “Hastain Fire Road” experienced such use.

*1039‘“[W]here an intent to dedicate is implied as a legal fiction from the nature of public usage, the caselaw requires a high standard of usage, lest private property rights be too easily diminished.” (Hanshaw v. Long Valley Road Assn. (2004) 116 Cal.App.4th 471, 482 [11 Cal.Rptr.3d…