Territory v. Ala Moana Gardens, Ltd

In Territory v. Ala Moana Gardens, Ltd., 39 Haw. 514 (1952), reh'g denied, 39 Haw. 655 (1952), the supreme court held that it is well settled that the sale of lots based on maps and plans duly recorded "constitute a dedication, particularly when adopted by public officials." Id. at 520. The supreme court cited with approval cases from other jurisdictions that supported this position: Broocks v. Muirhead, 223 N.C. 227, 25 S.E. (2d) 889, held that where an owner has land subdivided and platted into lots, streets and alleys, and sells lots or any of them with reference to the plat, he thereby "dedicates" streets and alleys irrespective of whether it has been opened and accepted for public use by the governing body of the city. Clark v. Ferguson, 346 Mo. 933, 144 S.W. (2d) 116, holds that where the plat has been approved by the city council and recorded, there is a dedication to the public use which cannot be subsequently changed by the owner. Morrow v. Richardson, 278 Ky. 233, 128 S.W. (2d) 560, holds that the laying out of a subdivision and the recording of the plat thereof showing the land divided into building lots and streets, followed by the sale of lots, amounts to an immediate dedication of such streets to the use of the purchasers of the lots and of the public, though the streets were not actually opened and there had been no formal acceptance by the city.In the case before us there was a dedication by the former owners and approval by the city and county planning commission though there was delay in carrying out the proposed street improvements, as all improvements were delayed by the war. When a fee is subject to easement and is taken for highway purposes, market value must be determined accordingly. "Where the fee of a strip in private ownership is subject to private street easements and such strip is taken for the purposes of a public highway the prevailing view is that such fee owner is entitled to nominal damages only, although there is authority to the effect that such fee owner is entitled to substantial damages measured by the value of the fee as burdened with the easement." (Nichols, Eminent Domain, 3d ed., vol. 4, 12.411, p. 160.) "Ordinarily, land in the bed of a street, being a naked, unproductive fee, useless, bereft of enjoyment and incapable of pecuniary advantage, its owner is entitled to no more than a nominal award." ( Matter of City of New York, 278 N. Y. 163, 173, 15 N.E.2d 563.) (39 Haw. at 520-21.)