private landowner intentionally appropriates land for public use.” Brown v. Bd. of Co. Commissioners for Pennington Co., 422 N.W.2d 440, 442 (S.D.1988). A dedication may be either express or implied, and an express dedication is completed by a deed or a written instrument. Carlson v. Burkhart, 271 Kan. 856, 27 P.3d 27, 32 (2001). A dedication is generally established through common law or statutory law. See Cole aw method of dedication is analogous to ... [equitable] estoppel.” Cole, at 357. If a dedication arises through “legal implication, ... the landowner is estopped from precluding public use of the land.” Brown, at 442. [¶ 14] The property interest conveyed through a common-law dedication is an easement. Pleak v. Entrada Prop. Owners’ Ass’n, 207 Ariz. 418, 87 P.3d 831 at * 834 (<HOLDING>); see Headley v. Northfield, 227 Minn. 458, 35
holding a common law dedication keeps the fee vested in the donor burdened with an easement over the way in question and subject to the acceptance of the easement by the public recognizing that where a grantee has an easement which he shares with others his duty to repair and maintain it must be apportioned with all other easement holders based upon the extent of the individuals use of the easement recognizing that an easement may entitle the easement owner to do acts which were not for the easement would constitute a nuisance holding the effect of a commonlaw dedication is to create only such an estate or right in the public as is necessary to enable it to enjoy the uses for which the dedication is made and to reserve the fee to the dedicator holding the effect of a common law dedication is that the public acquires an easement to use the property for the purposes specified while the fee remains with the dedicator