Evening star., 1901-11-29
DEDICATION ALLEYS
OPINION RENDERED THE COMMIs-
sIONERS BY ATTORNEY DUvALL.
Status of Thorouehfares Recorded in
Subdivisions. but Never Opened
to Public Use.

A. B. Duvall, attorney for the District,
has submitted an Interesting opinion to the
District Commissioners on the subject of
alley dedfcatfons, and the status of alleys
recorded in subdivisions but never actually
opened to the public The subject came up
on the request of s. E. Redfern for the
closing of an alley in square 163 1T being
his intention to erect $4,000 building on
the lot known as 1923 :. street and the
property adjoining. The property included
a five-foot alley, which had been recorded
in subdivision many years ago by Nj.
Redfern's grandfather, Louis Vivian, but
which had never been opened.
I'm the subdivision recorded by Louis
Vivan," says Mr. Duvall, "inasmuch as
there were no restricting uses declared re-
specting said fve-foot alleq, it would pre-
sumptively be a public alley. The real
question in this case, however, it seems to
me. is whether there was in fact and in law
a dedication of the alley to the public. 1t
is claimed that there was Intention to
make this public alley, and that the omis-
sion of restrictive words In the plat of sub
division was an oversight; that the said
alley could have no public uses could serve
no pubic purpose, and that 1t was intended
for the use and benefit of two sublots, and
that 1t was apparent It could have no uses
except as appertaining to those lots.
When Alley Becomes Public.
However this may be, If the dedication
had been complete In fact by throwing
open the alley to the use of the public, my
opinion would be that the alley became a
public alley. And if after filing of the plat
of subdivision the land comprised within
the area of the alley had been actually
opened and subjected to public use the
right of the public therein would not be ex-
t1nguished; although, thereafter, a building
had been erected and maintained on and
over the alley for more than period of
twenty years.
THAT question does not necessarily arise
in this case, for it appears that substan-
t1al brick dwelling house bad existed for
many years prior to 1863, covering the en-
tire front Of one lot and extending west
ward over the area of the alley, which said
dwelling has only been removed within the
last few days From this it would seem
tnat there was never In fact any dedica-
ton to the public of the said 'five-foot al
ley marked on the plat of subdivision.
Under these conditions and in respect of
an alley which served and could serve no
public purpose, 1t seems to me that the
Commissioners are not required to claim
this alley as public alley. When the
above mentioned subdivision was filed the
owner of any lot or square in the city of
Washington was at liberty to record in the
once OF the surveyor a subdivision of his
land without the, consent thereto of the
corporate authorities.
acceptance NeceSS0ry.
Acceptance by the public is necessary to
complete the dedication of an alley; this
acceptance need not be express, for it may
be implied by the acts of the public
authorities.
1T appears in this case that the area of
the five-foot alley was exempted from tax
alton and has so continued to be exempt
from taxation. Such exception is held by
the courts to be evidence of acceptance by
the public; nevertheless, it is not conclusive
evidence of such acceptance, and under the
circumstances of this case it may well be
considered as improvidently done.
THE owner of these lots offers himself
willing to pay all taxes which should have
been assessed against the land embraced in
the area of the alley, and upon his making
such payment, l see no insuperable objec-
tion to the Commissioners adopting Capt
Newcomers recommendation, authorizing
the surveyor to disregard the old subdi-
vision and to prepare a plat of resubdi-
vision Incorporating in one lot lots and 6
and the five-foot strip of ground betwe
them for the purpose of building thereon
If this is done the area of the fve-foot
alley should also be entered upon the as
SeSSment rolls for future taxation -