Additions and deletions to the code sections for 1998, 1999 and 2000 have been noted in the text. Additions (with the exception of section numbers and headings) are noted by bold-faced type, while asterisks (***) denote the deletion of punctuation, words, phrases, sentences, or paragraphs.
Article 1. Reversion to Acreage
Article 2. Exclusions
66499.11. Authority
Subdivided real property may be reverted to acreage pursuant to the provisions of this article.
(Added by Stats. 1974, Ch. 1536. Effective March 1, 1975.)
66499.12. Initiation of proceedings
Proceedings for reversion to acreage may be initiated by the legislative body on its own motion or by petition of all of the owners of record of the real property within the subdivision.
(Added by Stats. 1974, Ch. 1536. Effective March 1, 1975.)
66499.13. Form of petition
The petition shall be in a form prescribed by the local agency and shall contain the following:
(a) Adequate evidence of title to the real property within the subdivision.
(b) Sufficient data to enable the legislative body to make all of the determinations and findings required by this article.
(c) A final map which delineates dedications which will not be vacated and dedications which are a condition to reversion.
(d) Such other pertinent information as may be required by the local agency.
(Added by Stats. 1974, Ch. 1536. Effective March 1, 1975.)
66499.14. Fees
The legislative body may establish a fee for processing reversions to acreage pursuant to this article in an amount which will reimburse the local agency for all costs incurred in processing such reversion to acreage. Such fee shall be paid by the owners at the time of filing the petition for reversion to acreage, or if the proceedings for reversion to acreage are initiated by the legislative body on its own motion shall be paid by the person or persons requesting the legislative body to proceed pursuant to this article before such initiation of proceedings.
(Added by Stats. 1974, Ch. 1536. Effective March 1, 1975.)
66499.15. Public hearing
A public hearing shall be held on the proposed reversion to acreage. Notice thereof shall be given in the time and manner provided in section 66451.3.
(Added by Stats. 1974, Ch. 1536. Effective March 1, 1975.)
66499.16. Findings
Subdivided real property may be reverted to acreage only if the legislative body finds that:
(a) Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes; and
(b) Either:
(1) All owners of an interest in the real property within the subdivision have consented to reversion; or
(2) None of the improvements required to be made have been made within two years from the date the final or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is the later; or
(3) No lots shown on the final or parcel map have been sold within five years from the date such map was filed for record.
(Added by Stats. 1974, Ch. 1536. Effective March 1, 1975.)
66499.17. Conditions of reversion
As conditions of reversion the legislative body shall require:
(a) Dedications or offers of dedication necessary for the purposes specified by local ordinance following reversion.
(b) Retention of all previously paid fees if necessary to accomplish the purposes of this division or local ordinance adopted pursuant thereto.
(c) Retention of any portion of required improvement security or deposits if necessary to accomplish the purposes of this division of local ordinance adopted pursuant thereto.
(Added by Stats. 1974, Ch. 1536. Effective March 1, 1975.)
66499.18. When effective
Reversion shall be effective upon the final map being filed for record by the county recorder, and thereupon all dedications and offers of dedication not shown thereon shall be of no further force or effect.
(Added by Stats. 1974, Ch. 1536. Effective March 1, 1975.)
66499.19. Effect of reversion
When a reversion is effective, all fees and deposits shall be returned to the current owner of the property and all improvement security released, except those retained pursuant to Section 66499.17.
(Added by Stats. 1974, Ch. 1536. Effective March 1, 1975.; Added by Stats. 2000., Ch.506.)
66499.20. Tax bond
A tax bond shall not be required in reversion proceedings.
(Added by Stats. 1974, Ch. 1536. Effective March 1, 1975.)
66499.20-1/4. Use of parcel map for merger
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.
(Amended and renumbered by Stats. 1982, Ch. 87. Effective March 1, 1982; Amended by Stats. 1993, Ch. 906. Effective October 8, 1993.)
66499.20-1/2. Merger and resubdivision
Subdivided lands may be merged and resubdivided without reverting to acreage by complying with all the applicable requirements for the subdivision of land as provided by this division and any local ordinances adopted pursuant thereto. The filing of the final map or parcel map shall constitute legal merging of the separate parcels into one parcel and the resubdivision of such parcel, and the real property shall thereafter be shown with the new lot or parcel boundaries on the assessment roll. Any unused fees or deposits previously made pursuant to this division pertaining to the property shall be credited pro rata towards any requirements for the same purposes which are applicable at the time of resubdivision. Any public streets or public easements to be left in effect after the resubdivision shall be adequately delineated on the map. After approval of the merger and resubdivision by the governing body or advisory agency the map shall be delivered to the county recorder. The filing of the map shall constitute legal merger and resubdivision of the land affected thereby, and shall also constitute abandonment of all public streets and public easements not shown on the map, provided that a written notation of each abandonment is listed by reference to the recording data creating these public street 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.
(Amended and renumbered by Stats. 1982, Ch. 87. Effective March 1, 1982. Amended by Stats. 1993, Ch. 906. Effective October 8, 1993.)
66499.20-3/4. Merger without reversion to acreage
A city or county may, by ordinance, authorize the merger of contiguous parcels under common ownership without reverting to acreage. Such ordinance shall require the recordation of an instrument evidencing the merger.
(Added by Stats. 1982, Ch. 87. Effective March 1, 1982.)
66499.21. Exclusion by court
The superior court of the county in which a subdivision is situated may cause all or any portion of the real property included within the boundaries of the subdivision to be excluded from such subdivision and the recorded map to be altered or vacated, in accordance with the procedures set forth in this article.
(Added by Stats. 1974, Ch. 1536. Effective March 1, 1975.)
66499.22. Procedure
A proceeding for exclusion shall be initiated by filing a petition therefor in the offices of the county surveyor and county clerk of the county in which the subdivision or the portion thereof sought to be excluded is situated. Such petition shall accurately and distinctly describe the real property sought to be excluded by reference to the recorded map or by any accurate survey, shall show the names and addresses of all owners of real property in the subdivision or in the portion thereof sought to be excluded as far as the same are known to the petitioners, and shall set forth the reasons for the requested exclusion. The petition shall be signed and verified by the owners of at least two-thirds of the total area of the real property sought to be excluded.
(Added by Stats. 1974, Ch. 1536. Effective March 1, 1975.)
66499.23. New map
The petition shall be accompanied by a new map showing the boundaries of the subdivision as it appears after the exclusion and alteration. The new map shall designate as numbered or lettered parcels those portions excluded and show the acreage of each parcel. If the map can be compiled from data available, an actual field survey shall not be required. If the map meets with the approval of the county surveyor, a statement by an engineer or surveyor shall not be required.
(Added by Stats. 1974, Ch. 1536. Effective March 1, 1975; Amended by Stats. 1987, Ch. 982.)
66499.24. Notice
Upon the filing of a petition pursuant to this article, any judge of the superior court of the county in which the real property is situated shall make an order directing the clerk of the court to give notice of the filing of the petition. The notice shall be for once a week for a period of not less than five consecutive weeks and shall be given by publication in some newspaper of general circulation within the county, or if there is no newspaper published therein, by posting in three of the principal places in the county; provided, that if such real property or any portion thereof is situated within a city, the notice shall be given by publication in some newspaper of general circulation within the city, or if there is no newspaper published therein, by posting in three of the principal places in the city. Such notice shall contain a statement of the nature of the petition together with a direction that any person may file his written objection to the petition at any time before the expiration of the time of publication or posting. Upon expiration of the time of publication or posting, an affidavit showing such publication or posting shall be filed with the clerk of the court.
(Added by Stats. 1974, Ch. 1536. Effective March 1, 1975.)
66499.25. Hearing
The court may, if no objection has been filed, proceed without further notice to hear the petition. If during the hearing the petitioners produce to the court satisfactory evidence of the necessity of the exclusion of the real property, that the owners of two-thirds of the area of the real property sought to be excluded are the petitioners, and that there is no reasonable objection to making such exclusion, the court may proceed to exclude the real property sought to be excluded by the petition, and order the alteration or vacation of the recorded map, and enter its decree accordingly.
(Added by Stats. 1974, Ch. 1536. Effective March 1, 1975.)
66499.26. Material objection
If objection is made to the petition which, in the judgment of the court is material, the court shall proceed to hear such objection and may adjourn the proceedings to such time as may be necessary upon proper notice to the petitioners and the objectors.
(Added by Stats. 1974, Ch. 1536. Effective March 1, 1975.)
66499.27. Effect on public streets
The exclusion of any real property or the alteration or vacation of any recorded map pursuant to this article shall not affect or vacate the whole or any part of any public street or highway.
(Added by Stats. 1974, Ch. 1536. Effective March 1, 1975.)
66499.28. Filing of court decree
A certified copy of the decree of the superior court excluding any real property or ordering the alteration or vacation of any recorded map pursuant to this article shall be recorded in the office of the county recorder of the county in which such real property is situated. The county recorder shall make upon the face of any such recorded map a memorandum stating briefly that such recorded map has been altered or vacated, whichever the case may be, and giving the date and reference of such decree.
(Added by Stats. 1974, Ch. 1536. Effective March 1, 1975.)
66499.29. Filing with local agency
At the time a certified copy of the decree of court is recorded, a copy of the new map required by Section 66499.23 shall be filed for record with the county recorder who shall file it in accordance with the provisions of Section 66466. A copy of the new map shall also be filed with the local agency. A reference to this map shall be sufficient identification of the real property for reassessment purposes.
(Added by Stats. 1974, Ch. 1536. Effective March 1, 1975.)