City and County of Honolulu v. Boulevard Properties, Inc

In City and County of Honolulu v. Boulevard Properties, Inc., 55 Haw. 305, 306, 517 P.2d 779, 780, 55 Haw. 677 (1973), the supreme court considered an appeal by the County from a circuit court judgment in an eminent domain proceeding, awarding the defendant $ 150,477 for its fee simple interest in a parcel of land. The County maintained that the award was excessive because, under the holding in Territory v. Ala Moana Gardens, Ltd., 39 Haw. 514, the parcel of land was encumbered by a roadway easement and its value was, therefore, nominal. Agreeing with the County's position, the supreme court held: The holding in Ala Moana Gardens is that the laying out of a subdivision of land and recording of a plat thereof showing the land divided into building lots and streets, followed by sales of the building lots, amount to an immediate dedication of the streets shown on the plat to the use of the purchasers of the building lots and the public, although the streets have not been opened and accepted by the city, and that such dedication is binding on the owners who laid out the subdivision and all subsequent owners. The dedication mentioned in Ala Moana Gardens does not mean a statutory dedication of the street areas to the city, which imposes upon the city an obligation to maintain such areas as public streets. That is clear from the per curiam of this court denying the petition for rehearing in the case. (39 Haw. 655). Within the holding in Ala Moana Gardens, dedication means a dedication by implication, which occurs when land is subdivided into building lots and streets, a plat showing such subdivision is recorded, and sales of the building lots shown on the plat are made. It is stated in Re Land Title of Yamaguchi, 39 Haw. 608, 612 (1952), decided shortly after Ala Moana Gardens, that, where land is subdivided and the subdivision map contains an "unmarked, undesignated parcel bearing the appearance of a roadway though not so designated", a dedication by implication occurs with respect to such parcel. (Id. 55 Haw. 305 at 306-07, 517 P.2d at 780-81.)