Overturning a lower court, the California Supreme Court ruled that because the 19th Century "lot" had never been conveyed separately from other "lots" on the parcel, it cannot be viewed as a separate parcel under the Subdivision Map Act.
The city claimed that because the entire 8,800-square-foot property had been conveyed as one more than 75 years ago, the original 25-foot-wide parcels from 1851 were not legal. An appellate court disagreed.
The division of one parcel into four noncontiguous pieces via eminent domain does not automatically create four legal parcels and permit the landowner to avoid the Subdivision Map Act, the First District Court of Appeal has ruled.
"We hold that a 'division' of property within the meaning of the [Subdivision Map] Act does not occur simply because an eminent domain proceeding results in a physical separation of a property's non-condemned portions," wrote Presiding Justice Jim Humes, a former top aide to Jerry Brown for a three-judge panel of the First District. "The owner of such a property is therefore not entitled to a certificate of compliance for each of the resulting separate parts." >> read more
Muting one of the more burdensome requirements of the Subdivision Map Act, the First Appellate has ruled in favor of "multiple sequential adjustments" in Sierra Club v. Napa County Board of Supervisors.
In the latest roundup of California land use news: The governor signs urgency legislation extending the life of all tentative subdivision maps by two years; the Los Angeles MTA approves its first congestion pricing project; a Desert Hot Springs development dream becomes species habitat instead; a developer takes its case directly to Mendocino County voters.
In the third decision in an emerging line of cases regarding antiquated subdivisions, an appellate court has refused to recognize the legality of a parcel shown on a 1909 subdivision map. The First District Court of Appeal ruled the Solano County map did not satisfy the requirements of the Subdivision Map Act's grandfather clause because the law in effect in 1909 did not address the "design and improvement" of subdivisions.
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