State High Court Rejects Pre-1893 Subdivisions
In its first ruling directly addressing the validity of "antiquated subdivisions," the California Supreme Court has held that maps recorded prior to adoption of the first precursor to the Subdivision...
View ArticleLocal Government Wins Old Map Fight
In a landmark ruling, the state Supreme Court has made clear that maps recorded prior to 1893 do not create legal, developable lots for today’s purposes. And the court at least hinted that maps...
View ArticleHigh Court Says New City May Deny Tentative Map Approved By County
The newly incorporated City of Goleta had the authority to reject a final subdivision map after the Santa Barbara County Board of Supervisors had approved the tentative map for property that was in...
View ArticleCourt Bars AG From Winning ‘Private Attorney General’ Fees
The state attorney general cannot recover fees under the Code of Civil Procedure’s “private attorney general” provision, the Third District Court of Appeal has ruled in a Tehama County case involving...
View ArticleHusband-To-Wife Title Transfer Doesn't Halt Forced Lot Merger
The owner of two parcels that the City of Berkeley wants to merge may not avoid the merger with a paper transfer of title to his wife, the First District Court of Appeal has ruled. However, the court...
View ArticleMap Recorded In 1915 Rejected; All Pre-1929 Maps In Question
The validity of a 1915 subdivision map has been rejected by the First District Court of Appeal in a decision that calls into question any subdivision recorded before 1929. The court determined the 1915...
View ArticleAnother Antiquated Subdivision Map Rejected
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...
View ArticleIn Brief: 2-Year Subdivision Map Extension Approved
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...
View ArticleCourt Upholds Map Act Workaround
William W. Abbott, Abbott & Kindermann, LLP Muting one of the more burdensome requirements of the Subdivision Map Act, the First Appellate has ruled in favor of “multiple sequential adjustments”...
View ArticleSeparation of Property by Condemnation Does Not Equal Subdivision, Court Says
William Fulton 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,...
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