Parcel Map with no contiguous parcels

[40 CHAINS]

Client own a few parcels on each side of the road.
Is it possible to do a parcel map where the parcels are not contiguous but separated by a road? Or is this a case where 2 separate maps are needed. If yes, is there a section of the code that talks about this. Also, if you've done one, do you mind sharing a copy or send me the recording info.
Thank for any insight,

[Warren Smith]

SMA section 66424 defines subdivision:

" ... Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way."

Given that these parcels are under common ownership, it should be capable of being processed as a parcel map.

[Jim Frame]

If the parcels were once under separate ownership and recognized as individual legal parcels, does acquisition by a common owner operate as a merger?

[William Magee]

If the parcels were once under separate ownership and recognized as individual legal parcels, does acquisition by a common owner operate as a merger?

Not unless the local agency initiates a merger process as provided for in the SMA. Also, Section 1093 of the Civil Code is related.

[mpallamary]

Mr. Magee, Are you a real person or not?

[William Magee]

Jim,

Here is the part of the SMA that I was referring to earlier:

66451.10.

(a) Notwithstanding Section 66424, except as is otherwise provided for in this article, two or more contiguous parcels or units of land which have been created under the provisions of this division, or any prior law regulating the division of land, or a local ordinance enacted pursuant thereto, or which were not subject to those provisions at the time of their creation, shall not be deemed merged by virtue of the fact that the contiguous parcels or units are held by the same owner, and no further proceeding under the provisions of this division or a local ordinance enacted pursuant thereto shall be required for the purpose of sale, lease, or financing of the contiguous parcels or units, or any of them.

(b) This article shall provide the sole and exclusive authority for local agency initiated merger of contiguous parcels. On and after January 1, 1984, parcels may be merged by local agencies only in accordance with the authority and procedures prescribed by this article. This exclusive authority does not, however, abrogate or limit the authority of a local agency or a subdivider with respect to the following procedures within this division:

(1) Lot line adjustments.

(2) Amendment or correction of a final or parcel map.

(3) Reversions to acreage.

(4) Exclusions.


B.T.W., I hope you have the chance to come to the conference, it would be good to meet as I've enjoyed your postings here and elsewhere. Haven't always agreed with you, but good discussion nonetheless.