Reversions and ExclusionsExclusions
Section § 66499.21
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.
Section § 66499.22
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.
Section § 66499.23
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.
Section § 66499.24
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.
Section § 66499.25
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.
Section § 66499.26
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.
Section § 66499.27
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.
Section § 66499.28
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.
Section § 66499.29
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.