(California Government Code)
DIVISION 2. SUBDIVISIONS
Chapter 6. Reversions and Exclusions
Article 1. Reversion to Acreage
66499.11. 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. 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. 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. 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. 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. 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. 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. 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. When a reversion is effective, all fees and
deposits shall be returned and all improvement security
released, except
those retained pursuant to Section 66499.17.
(Added by Stats. 1974, Ch. 1536. Effective March 1,
1975.)
66499.20. A tax bond shall not be required in reversion
proceedings.
(Added by Stats. 1974, Ch. 1536. Effective March 1,
1975.)
66499.20-1/4. 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. 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. 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.)
Article 2. Exclusions
66499.21. 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. 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. 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. 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. 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. 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. 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. 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. 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.)