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66499.20.1.
A city or county may, by ordinance, authorize a parcel map to be filed under the provisions of this chapter for the purpose of reverting to acreage land previously subdivided and consisting of four or less contiguous parcels under the same ownership. Any map so submitted shall be accompanied by evidence of title and nonuse or lack of necessity of any public streets or public easements which are to be vacated or abandoned. Any public streets or public easements to be left in effect after the reversion shall be adequately delineated on the map. After approval of the reversion by the governing body or advisory agency the map shall be delivered to the county recorder. The filing of the map shall constitute legal reversion to acreage of the land affected thereby, and shall also constitute abandonment of all
public streets or public easements not shown on the map, provided however that written notation of each abandonment is listed by reference to the recording data creating those public streets or public easements and certified to on the map by the clerk of the legislative body or the designee of the legislative body approving the map. The filing of the map shall also constitute a merger of the separate parcels into one parcel for purposes of this chapter and shall thereafter be shown as such on the assessment roll subject to the provisions of Section 66445. Except as provided in subdivision (f) of Section 66445, on any parcel map used for reverting acreage, a certificate shall appear signed and acknowledged by all parties having any record title interest in the land being reverted, consenting to the preparation and filing of the parcel map.
The court specifically invited a response as to applicability of Government Code section 66499.20 1/2 as follows: Government Code section 66499.20 1/2 is part of the Subdivision Map Act. The Subdivision Map Act was enacted by Statutes 1974, chapter 1536.
JAMESON PROPERTIES LLC VS MICHAEL EMMONS ET AL
1372941
May 10, 2011
Santa Barbara County, CA
Analysis: Petitioner raises a substantial issue in opposition about the retroactive application of Government Code section 66499.20 1/2. The court notes that there is also a related statutory issue for which further response is warranted: Government Code section 66499.20 1/2 is part of the Subdivision Map Act. The Subdivision Map Act was enacted by Statutes 1974, chapter 1536.
JAMESON PROPERTIES LLC VS MICHAEL EMMONS ET AL
1372941
Apr 26, 2011
Santa Barbara County, CA
(2) Application of Government Code section 66499.20 1/2 to Pre-Enactment Maps In paragraph 26 of the SAP, and in opposition to the prior demurrer, petitioner asserts that the merger doctrine set forth in section 66499.20 1/2 does not or should not apply. Government Code section 66499.20 1/2 was an amendment to the Subdivision Map Act in 1977, and effective July 7, 1977. (Stats. 1977, ch. 234, § 12.) Thus, section 66499.20 1/2 was enacted after the 1964 map was recorded.
JAMESON PROPERTIES LLC VS MICHAEL EMMONS ET AL
1372941
Jul 12, 2011
Santa Barbara County, CA
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