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<br />As would be expected, such a procedure requires a public
<br />hearing and notice to the affected parties. As a general rule,
<br />plat vacation involving anyone but the developer or
<br />successor, or willing individual landowners, is likely to invite
<br />legal problems over takings unless steps are taken to protect
<br />the property rights of unwilling owners. If the local
<br />government really wants to vacate an entire plat under such
<br />circumstances, it would probably be better off condemning
<br />the land, paying just compensation, and then putting the
<br />land to an appropriate predetermined use. One possibility is
<br />to request proposals for resubdivision from developers in line
<br />with any new standards the local government wishes to
<br />apply.
<br />
<br />ReplaHing
<br />As with plat vacation, many state statutes stop at permitting the
<br />owners of what are often called "paper" subdivisions to petition
<br />for amendments ro the plat without aurhorizing such action by
<br />the local government on its own motion. However, local
<br />officials still may persuade the developer to cooperate in
<br />pursuing such action. Plat vacation may be simply a prelude to a
<br />petition for plat amendment, otherwise known as replatting. In
<br />most cases, the same procedures for approval apply, whether the
<br />effort is initiated by the owners or the local government, bur the
<br />end purpose is to produce a better subdivision rather than
<br />reverting the land to a single parcel.
<br />As with vacation, the complications arise when some lots
<br />have been sold to individual owners, particularly if they have
<br />built on those lots. In those cases, appropriate steps under state
<br />law and local ordinance must be undertaken to protect the
<br />owners' rights, especially where they have a stake in any existing
<br />improvements. One solution, similar to partial vacation of the
<br />plat, may be to replat only those portions of the subdivision that
<br />are unsold and whose replatting will not harm the property
<br />rights of individual lot owners. The degree ro which state law
<br />constricts local action in this regard varies widely.
<br />
<br />Lot Mergers
<br />Where the local government no longer deems the lot sizes in the
<br />subdivision to be adequate but does not have the power or
<br />desire ro initiate a plat amendment, or where substantial
<br />portions of the subdivision have already been sold and built
<br />upon, planners may need to resort to a less complete remedy by
<br />ttying to induce lot mergers. This is a tricky business that must
<br />be undertaken cautiously. First, the increased minimum lot size
<br />or reduced allowable density places the burden on the
<br />landowner to solve a problem created by the municipality's
<br />approval of what it presumably at one time deemed adequate
<br />lots. Second, an individual owner may not have the option of
<br />buying or selling contiguous lots in order to assemble a parcel
<br />that meets current standards. In such a case, an obvious
<br />hardship leaves the landowner without a viable development
<br />option unless the local government wishes either to grant a
<br />variance or to acquire the lot in question through just
<br />compensation.
<br />That said, there are situations where allowing development
<br />ro proceed with current lot configurations would be unwise. So
<br />long as local zoning officials allow for the contingencies
<br />described above and work with landowners to achieve a fair
<br />solution, local zoning can be used at least to induce lot mergers
<br />where possible. Considering that local subdivision approval
<br />helped create the problem, an emphasis on incentives rather
<br />than penalties would probably'be most appropriate.
<br />
<br />Land Readiustment
<br />Land readjustment is on the frontiers of American land-use
<br />law, but has been used successfully in other nations, such as
<br />Japan and Germany, for decades. The basic scheme involves
<br />creating a means by which subdivided lands in widely held
<br />ownership can be reassembled into a more appropriate
<br />format for redevelopment.
<br />
<br />
<br />Resources on Antiquated Subdivisions
<br />
<br />Books and Articles
<br />Elliott, Donald L., "Obsolete Subdivisions and What
<br />to Do Abour Them," Technical Service Report No.
<br />II (Denver: Rocky Mountain Land Use Institute,
<br />College of Law, University of Denver, 1997).
<br />Freilich, Robert H. "Inducing Replatting Through
<br />Performance Zoning," The Platted Lands Press,
<br />January 1985, 5-7.
<br />Freilich, Robert H., and Michael M. Shultz. Model
<br />Subdivision Regulations, Second Edition. (Chicago:
<br />APA Planners Press, 1995), Article 7.
<br />Glickfeld, Madelyn, ed. Antiquated Subdivisions:
<br />Beyond Lot Mergers and Vested Rights (Cambridge,
<br />Mass.: Lincoln Institute of Land Policy, 1984).
<br />Schnidman, Frank, and R. Lisle Baker. "Planning for
<br />Platted Lands: Land Use Remedies for Lot Sale
<br />Subdivisions," Florida State University Law Review
<br />(Vol. 11, No.3), Fall 1983, 505-597.
<br />Shultz, Michael M., and Frank Schnidman. "The
<br />Potential Application of Land Readjustment in the
<br />United States," The Urban Lawyer (Vol. 22, No.2),
<br />Spring 1990, 197-243. .
<br />
<br />Selected Statutes
<br />Alaska Statutes ~~ 40.14.140-.180
<br />California Government Code ~~ 66499.11-29
<br />Idaho Code ~~ 50-1306 (A), 50-1317, 50-1321
<br />
<br />Montana Code Annotated ~~ 7-5-2501 and 2502
<br />Utah Code ~~ 17-27-808-811
<br />Virginia Code Annotated ~~ 15.1-481-485
<br />Wyoming Statutes ~~ 34-12-101-115
<br />
<br />Property owners contribute their parcels to an association
<br />chartered for the purpose ofland readjustment, which then
<br />undertakes the responsibility of replatting the land. Owners
<br />get proportionate returns following the use of some accepted
<br />accounting system for allocating shares. The association then
<br />undertakes, or engages a developer to undertake, the desired
<br />redevelopment with the proper approvals by local
<br />government. The intended result is ro achieve greater value
<br />for the individual shareholders even if they end up with
<br />smaller parcels.
<br />Although the procedure is uncommon in the United States,
<br />Freilich and Shultz note that the nation's capital resulted from a
<br />land readjustment engineered by President Washingron and
<br />that California has considered enabling legislation. Frank
<br />Schnidman, director of the real property development graduate
<br />program at the University of Miami, more recently has drafted
<br />proposed legislation to authorize voluntary land assembly
<br />associations at the request of the Florida Department of
<br />
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