Amended Map Sec. 66469 - Does affect property right

[Michael J Foley]

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.

[subman]

Michael

Have the lots been developed and homes built?

If so, have fences been built relying on the error?

Have the lot corners been monumented?

Has the tentative map expired? If not, you can potentially record another phase map covering the lots with the errors without having to deal with the time and cost of the public hearing and environmental review process.

I am the Deputy County Surveyor for subdivision maps in Los Angeles County and City Surveyor for 44 cities in LA County, so I see a lot of unique things. I would be happy to look at your specific case if you email me a pdf of the final map marked up with the problem area. My home email is dhunter@dslextreme.com. If you email me your phone number, I will call you and we can discuss more in detail.