News & Analysis as of

Subdivision Real Estate Development Subdivision Map Act

Perkins Coie

Lot Created on 1869 Map and Conveyed With Fewer Than Four Other Lots Was Lawfully Subdivided

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The First District Court of Appeal held that a single deed conveying four or fewer contiguous lots can qualify for a presumption of legality under section 66412.6(a) of the Subdivision Map Act so long as the lots are...more

Miller Starr Regalia

Court Holds That Subdivider’s Challenge to County’s Interpretation of Vesting Tentative Map Conditions of Approval May be Filed...

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California’s statues of limitations in land use cases are notoriously short and harsh and don’t often result in outcomes favorable to aggrieved applicants. Exceptions such as Honchariw v. County of Stanislaus, __ Cal.App.5th...more

Allen Matkins

A Challenge Regarding the Interpretation of a Project Condition of Approval may be Filed More than 90 Days Following the Project...

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On June 25, 2020, the Fifth Appellate District decided Honchariw v. County of Stanislaus, holding that an applicant's challenge to a local agency's interpretation of a project condition of approval was not barred by the...more

Perkins Coie

No Subdivision of Williamson Act Land Unless Residential Development is Closely Associated With Agricultural Use

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The County of San Diego violated the Subdivision Map Act by approving residential development of land restricted to agricultural use under the Williamson Act when the development was neither closely related to nor necessary...more

Miller Starr Regalia

Court of Appeal Rules That Subdivision Map Act Does Not Require City to Determine Legal Status of Lots Created by Older Map Before...

Miller Starr Regalia on

Since 1907, the Subdivision Map Act has “grandfathered” older subdivisions and the parcels they created if they were properly recorded under any law (including a local ordinance), regulating the design and improvement of...more

Perkins Coie

If At First You Succeed, Don’t Try, Try, Try Again

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The Fifth District Court of Appeal has confirmed that the 90-day statute of limitations under the Subdivision Map Act includes takings claims arising out of Map Act decisions. Honchariw_v._County_of_Stanislaus, No. F069145...more

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