IS A PARCEL MAP REQUIRED?

[dmi]

The property is a lotted section. If the federal government sold you lot 2, would they be exempt from preparing and filing a parcel map? I assume they would. If you owned lots 1 thru 4 would you be required to prepare and file a parcel map to sell off lots 2,3,4? Now if you bought lots 1-4 over time and had separate deeds from the federal government could you sell each one the lots sepatately via deed description alone? If you purchased the se1/4 of a section from the Federal government and then you wanted to sell the se1/4 se1/4 would you be reqiured to file a parcel map?

just curious

[subman]

Based on the info provided, IMHO:

Q1. No PM, Gov exempt SMA 66428(a)(2)

Q2. No PM. Ask for COC on each lot SMA 66499.35

Q3. I would say yes

Q4. Yes, PM req'd SMA 66424

[mpallamary]

PM required. Visceral response. I remember a case out there somewhere.

[PLS8153]

If you acquired Lots 1-4 in a single patent from the federal governement then they are a single legal parcel. There is a case that our County planning department has been citing recenlty in which someone had acquired Government Lots 1-3 and then sold off a government lot after the SMA came into effect. I will look for the case reference.

Pete Jackson

[Berk Blake, PLS CA]

The property is a lotted section. If the federal government sold you lot 2, would they be exempt from preparing and filing a parcel map? [YES!]
I assume they would.

If you owned lots 1 thru 4 would you be required to prepare and file a parcel map to sell off lots 2,3,4?[If acquired at the same time, YES!]

Now if you bought lots 1-4 over time and had separate deeds from the federal government could you sell each one the lots sepatately via deed description alone? [YES!]

If you purchased the se1/4 of a section from the Federal government and then you wanted to sell the se1/4 se1/4 would you be reqiured to file a parcel map?[YES! TPM for sure]

[PLS8153]

See 161 Cal.App.3d 749, 207 Cal.Rptr. 840.

Pete Jackson, PLS, RPF

[dmi]

thanks great info

[mpallamary]

Here is the AG opinion I had in the back of my head. It does a good job of explaining this issue as well as citing some good law.

Good luck.

[dmi]

This is very much what I expected. It is funny when you think about, almost as if the state wants to poke a finger in the eye of the feds....

[mpallamary]

Ah yes, and this will become the next battleground in our country. The states want to run themselves into bankruptcy while still calling on the feds.

I am immersed (no pun intended) in an interesting water boundary case. That is quite an area of contention as to state versus the feds. Another story.

Stay well.