Section § 66499.21

Explanation

This law states that the superior court in the county where a subdivision is located can decide to remove any part of the property from that subdivision. The court can also change or nullify the official map of the subdivision. This process must follow specific procedures listed in the law.

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.

Section § 66499.22

Explanation

To start a process to exclude a piece of property from a subdivision, you need to file a petition with both the county surveyor and the clerk of the county's board of supervisors where the property is located. The petition must include a precise description of the property using either a recorded map or survey, the names and addresses of all property owners in the affected area (as far as known), and the reasons for wanting the exclusion. Furthermore, the petition must be signed by property owners representing at least two-thirds of the affected area's total size.

A proceeding for exclusion shall be initiated by filing a petition therefor in the offices of the county surveyor and clerk of the board of supervisors of the county in which the subdivision or the portion thereof sought to be excluded is situated. The 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.

Section § 66499.23

Explanation

This law section explains what needs to be included with a petition to change the boundaries of a subdivision. You have to submit a new map showing what the subdivision looks like after the changes. The map should clearly mark the excluded areas and provide the size of each section. If you can create this map using existing data, you don't need to do a new field survey. Also, if the county surveyor approves the map, you won't need a statement from another engineer or surveyor.

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.

Section § 66499.24

Explanation

When someone files a petition related to real property, a judge in the county where the property is located will order the court clerk to announce the petition. This announcement must be made either weekly in a local newspaper or by posting in prominent places if no paper is available, and it must last for at least five weeks. If the property is in a city without a newspaper, the notice should be posted in top locations there. The notice should explain the petition and inform people they can file written objections until the notice period ends. After this period, proof of the notice must be filed with the court.

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.

Section § 66499.25

Explanation

If no one objects, the court can listen to a petition without giving more notice. If the petitioners show convincing proof that removing the real property is necessary and that they own two-thirds of it, plus there's no reasonable objection, the court can decide to exclude the property. The court may then order changes to the official map and record its decision.

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.

Section § 66499.26

Explanation

This law explains what happens if someone objects to a petition in court. If the court sees the objection as important, they will listen to it and may delay the proceedings if needed. The court will inform both the people who filed the petition and those who objected about any changes in schedule.

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.

Section § 66499.27

Explanation

This law states that if a piece of real estate is excluded from a map, or if a recorded map is changed or nullified, it doesn't impact any public streets or highways shown on that map. Streets and highways remain unaffected by these changes.

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.

Section § 66499.28

Explanation

If a court decision changes or cancels a recorded map or excludes real property, a certified copy of that decision must be filed at the county recorder's office where the property is located. The recorder will note on the map that it has been changed or canceled, along with the date and reference of the court decision.

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.

Section § 66499.29

Explanation

This law section explains what needs to happen when a court decree is recorded regarding property. Specifically, a certified copy of a new map must be filed with the county recorder, as well as with the local agency. Once filed, this map will serve as an official reference for property reassessment.

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.