Amended Map Sec. 66469 - Does affect property right
Posted: Fri Oct 29, 2010 3:42 pm
My question is regarding the amendment of maps pursuant to Sec. 66469-66472.1 of the SMA.
Section 66469(g) states in part that this method may be used only if the correction "..does not affect any property right.."
Has anyone run across the situation whereby an error was made on a subdivision map that does affect property rights?
If so how was the error resolved?
I have checked the SMA and do not find anything about how to accomplish this except for the following possibilities.
1. Lot Line Adjustment.
2. Process a new map over the entire subdivision (with the consent of all of the affected property owners)
3. Process a new map on only the affected properties per Sec. 66499.20-1/2 (merger and resubdivision of the property)
Second question; what enforcement powers would a municipality have to compel the Engineer/Surveyor to correct the error? I mean other then referring the matter to the local JPPC or a direct complaint to the Board?
One would think when confronted by such an error the Engineer/Surveyor would be willing to fix the problem. If there is something directly in the Gov. Code (or any other code for that matter) on this the local municipality might be able to use a rubber mallet rather then having to pull out the 10lb'er.
Section 66469(g) states in part that this method may be used only if the correction "..does not affect any property right.."
Has anyone run across the situation whereby an error was made on a subdivision map that does affect property rights?
If so how was the error resolved?
I have checked the SMA and do not find anything about how to accomplish this except for the following possibilities.
1. Lot Line Adjustment.
2. Process a new map over the entire subdivision (with the consent of all of the affected property owners)
3. Process a new map on only the affected properties per Sec. 66499.20-1/2 (merger and resubdivision of the property)
Second question; what enforcement powers would a municipality have to compel the Engineer/Surveyor to correct the error? I mean other then referring the matter to the local JPPC or a direct complaint to the Board?
One would think when confronted by such an error the Engineer/Surveyor would be willing to fix the problem. If there is something directly in the Gov. Code (or any other code for that matter) on this the local municipality might be able to use a rubber mallet rather then having to pull out the 10lb'er.