Bob Hart
10-27-2002, 08:56 AM
Discussion at CLSA Board Meeting in Sacramento yesterday highlighted the need to determine how the new restrictions are impacting our clients.
This backdoor amendment was written to prevent large landowners from creating smaller parcels so that the value would require land conservation programs to pay a substantially higher price for these smaller parcels.
The modified Lot Line Adjustment now penalizes a host of landowners:
1. Developers need to adjust lot lines for over four lots in a subdivision to accommodate a change in the product mix. A subdivision map has been filed and no new lots will be created and many jurisdictions require another map to adjust the lot lines.
2. An existing 5-acre parcel owner has an encroaching 5-acre neighbor, who is willing to adjust the line to cure the encroachment, but the general plan has been changed to a 10-acre minimum and the lot line adjustment is not allowed.
3. Small family farms need to create parcels to transfer to their heirs prior to their passing and prevent the heirs paying a “death” tax. They have been utilizing the economical Lot Line Adjustment process since the 1980’s. Many jurisdictions now require the parcel map procedure which can increase the cost 10-fold and present a huge burden on the already cash strapped small farmer.
I am sure you will have your own list of horror stories, but instead of listing the stories please collect your actual case files, summarize the particulars, include the filing, hearing and denial documents and how your client was damaged in an actual tangible way not just an inconvenience of additional filings and send the package to Central Office, where they will be forwarded to the Legislative Committee, who is discussing these issues and will develop a plan meeting the most workable solution.
One suggestion from Dan May, CLSA representative from Los Angeles, is to provide an exemption for lots created by subdivision since the Subdivision Map Act of 1929 (date not specific). This is an example of a band-aid approach. The other approach is a total re-write. Who better to construct the language than the professionals who create the approval and final documents that create the adjusted lots?
What do you think? How does this change impact your business? How does it impact your clients?
Bob Hart
This backdoor amendment was written to prevent large landowners from creating smaller parcels so that the value would require land conservation programs to pay a substantially higher price for these smaller parcels.
The modified Lot Line Adjustment now penalizes a host of landowners:
1. Developers need to adjust lot lines for over four lots in a subdivision to accommodate a change in the product mix. A subdivision map has been filed and no new lots will be created and many jurisdictions require another map to adjust the lot lines.
2. An existing 5-acre parcel owner has an encroaching 5-acre neighbor, who is willing to adjust the line to cure the encroachment, but the general plan has been changed to a 10-acre minimum and the lot line adjustment is not allowed.
3. Small family farms need to create parcels to transfer to their heirs prior to their passing and prevent the heirs paying a “death” tax. They have been utilizing the economical Lot Line Adjustment process since the 1980’s. Many jurisdictions now require the parcel map procedure which can increase the cost 10-fold and present a huge burden on the already cash strapped small farmer.
I am sure you will have your own list of horror stories, but instead of listing the stories please collect your actual case files, summarize the particulars, include the filing, hearing and denial documents and how your client was damaged in an actual tangible way not just an inconvenience of additional filings and send the package to Central Office, where they will be forwarded to the Legislative Committee, who is discussing these issues and will develop a plan meeting the most workable solution.
One suggestion from Dan May, CLSA representative from Los Angeles, is to provide an exemption for lots created by subdivision since the Subdivision Map Act of 1929 (date not specific). This is an example of a band-aid approach. The other approach is a total re-write. Who better to construct the language than the professionals who create the approval and final documents that create the adjusted lots?
What do you think? How does this change impact your business? How does it impact your clients?
Bob Hart