California Surveyors Forums

The property is a lotted section. If the federal government sold you lot 2, would they be exempt from preparing and filing a parcel map? I assume they would. If you owned lots 1 thru 4 would you be required to prepare and file a parcel map to sell off lots 2,3,4? Now if you bought lots 1-4 over time and had separate deeds from the federal government could you sell each one the lots sepatately via deed description alone? If you purchased the se1/4 of a section from the Federal government and then you wanted to sell the se1/4 se1/4 would you be reqiured to file a parcel map?

just curious

Based on the info provided, IMHO:

Q1. No PM, Gov exempt SMA 66428(a)(2)

Q2. No PM. Ask for COC on each lot SMA 66499.35

Q3. I would say yes

Q4. Yes, PM req'd SMA 66424

PM required. Visceral response. I remember a case out there somewhere.

If you acquired Lots 1-4 in a single patent from the federal governement then they are a single legal parcel. There is a case that our County planning department has been citing recenlty in which someone had acquired Government Lots 1-3 and then sold off a government lot after the SMA came into effect. I will look for the case reference.

Pete Jackson

The property is a lotted section. If the federal government sold you lot 2, would they be exempt from preparing and filing a parcel map? [YES!]
I assume they would.

If you owned lots 1 thru 4 would you be required to prepare and file a parcel map to sell off lots 2,3,4?[If acquired at the same time, YES!]

Now if you bought lots 1-4 over time and had separate deeds from the federal government could you sell each one the lots sepatately via deed description alone? [YES!]

If you purchased the se1/4 of a section from the Federal government and then you wanted to sell the se1/4 se1/4 would you be reqiured to file a parcel map?[YES! TPM for sure]

See 161 Cal.App.3d 749, 207 Cal.Rptr. 840.

Pete Jackson, PLS, RPF

thanks great info

Here is the AG opinion I had in the back of my head. It does a good job of explaining this issue as well as citing some good law.

Good luck.

This is very much what I expected. It is funny when you think about, almost as if the state wants to poke a finger in the eye of the feds....

Ah yes, and this will become the next battleground in our country. The states want to run themselves into bankruptcy while still calling on the feds.

I am immersed (no pun intended) in an interesting water boundary case. That is quite an area of contention as to state versus the feds. Another story.

Stay well.