Most of our residential subdivision work is what I call "recycled subdivisions". They were started in the early to mid 2000s and died because of the recession. In most cases, roads are built, utilities installed, etc. but no lots were sold. They each have their own unique issues. The one we are working with now has an interesting twist. The property went through the complete approval process, utilities installed and was signed off on by everyone required and then recorded. This was in 2008. Then everything stopped. The property was foreclosed on, then sold. The new owner didn't like paying taxes on all the record lots in the subdivision. They wanted to recombine into one agricultural tract to get a huge reduction in property taxes. Apparently that involved more that they wanted to go through. So they filed a "Notice of plat recordation in error" that was recorded in a plat book (I can't recall having ever seen a text document recorded in a plat book). The notice said the plat was recorded in error and should not be relied upon and declared it null and void. Signed by the owner at that time and the planning director for the county. Now it's 2022 and our client, who just purchased the property, is trying to develop it but so much has changed as far as regulations. The county now wants the subdivision roads brought up to current standards, at the developer's cost. But wait, the subdivision was approved and recorded, dedicating the roads. The dedication was accepted by approval of the plat for recording. Or was it? And there was no formal abandonment by the county of those roads after the plat was recorded. I read a while about implied and express dedications but the more I read, the more complex things became. Like... Some facts are insufficient by themselves to prove dedication and acceptance, but when coupled with certain other facts they are sufficient as proof.... ad nauseum. Any opinion I might have would be a wild guess.
Facts:
Construction plans were approved.
(Would like to know if the county made them bond the roads.)
Plat was approved and recorded.
No lots were sold.
Electric, comm, water and storm system installed in the subdivision roads rights of way.
Roads were built and paved to county specs at time of original subdivision.
The roads have not been open to the public due to illegal dumping, theft of manhole covers/water meter box lids, etc.
There are no lot lines on assessor's maps but the roads are shown with rights of way.The developer claims it would be cost prohibitive to continue the project if they have to rebuild the roads but he has too much invested to walk away.. I don't think either side will concede. Prepare the lawyers.
Hooooooooooo Boy!?ÿ Someone with far deeper pockets than me might be able to do everything required and make it come out smelling like roses. If, and that's a big if, they can sell all of the lots in a very short time period.?ÿ How many lots were approved in 2008?
Sounds like a place I was working at a few years ago....
Sounds as a very interesting case to me. I only know a little of the Belgian laws about roads. They changed that law in 2019 and the main point now is not about the owner of the ground but about who does the management. Who organises repairs & what has to be done. That??s a matter of fact here, if they do not agree a judge will come into play.
Also the fact about the plat and error in recordation is only about that one plat, not about all other design and as-built documents that may be approved earlier by the city.
A lot of things to consider and interesting. In reality the city has all the time while the developper want to move on.
Curiuos if there is documentation of likewise cases.
Kee us posted.
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Another consideration might be the length of time the roads have not been in public use.?ÿ Do you have a state statute that addresses how long a road has to be out of public use to revert?
In Kentucky, what you describe would lead to the roads having reverted back to the owner after only three years.?ÿ That would make the county have the correct stance of basically having to start from scratch on the subdivision and meet current standards.
I would look to the vacation laws. The half-baked document in the plat records probably failed to vacate the plat. Of course that's only true if the law there is similar to here...
On the recorded map, did the owner consent to and dedicate the road rights-of-ways and easements, and was there acceptance by the local county board of supervisors??ÿ If so, then the roads were officially created per the map. The question is: do the subsequent recorded "voiding actions" of the owner and county planning director have effect over the actual acceptance of the board of supervisors?
My contention is that if there was owner's offer of dedication and acceptance by the county, then the rights-of-way and easements on the recorded map are still in place.
In Georgia, it appears that the only way to ??void? a public roadway is through the abandonment process.
It appears that the prior owner and planning director do not have the authority to abandon right-of-way or utility easements (as both exist until abandoned, substituted or relocated).?ÿ Have any of these other options been explored for moving forward?
Additionally, the county gave approval of the design and construction back in the 2008 time period, and the developer at the time acted upon and brought forth the plans onto the ground. ?ÿSurely there were county-performed inspections during construction. Thus, at the time of construction it was authorized to meet code at the time. The question being, since the construction was performed (and most likely inspected) under existing at-the-time construction standards (and then the subdivision stopped, and was not finalized), can newer implemented construction standards now be forced upon the new owner?
If the new owner is not changing the roadways, or lots (thus just wanting to re-record and validate the previously recorded map in whole), then I question why the county wouldn??t desire to assist in bringing to completion an eyesore within the community. Allowing for acceptance of the prior construction standards for the new owner would seem reasonable for community enjoyment and ascetics.
The following appears to be a good resource for Georgia road law:
The only change I can think of that might be enforced as a change would be something to do with safety.?ÿ For example, dictating a larger cul-de-sac radius than what might have been the standard 14 years previously.?ÿ That should be doable with a minor decrease in lot size.
Interesting situation but I'm wondering how somebody can file a "Notice of plat recordation in error" on a plat that was recorded prior to their involvement is the chain of title.?ÿ Was there, in fact, an error?
It would also seem to me that and County approved roadwork constructed and inspected in accordance with the County approvals in place at the time of construction should be grandfathered in.
In Georgia, a dedicated and accepted road can only be abandoned by a very specific procedure. I believe a road created by prescription can be abandoned through lack of use under certain circumstances. At least that's the way I was taught. In this case, there was a dedication statement on the plat, signed by the owner at the time, and all the required county departments signed off. This will be interesting.
@chris-bouffard I wondered the same thing. The owner that filed the notice was not involved in the original development. I'm sure I could find an error on almost any plat, especially mine. Not my plat this time.. The notice did not state what the error was.
That's a tough one, I bet those tax payments are looking sweet about now.?ÿ
@holy-cow A change I think of that might be much more costly is if the county regs switched from requiring the developer put gravel down for the road to requiring the developer pave the road.?ÿ Around me, some counties require only gravel and other counties require paving.?ÿ Unfortunately, my home county only requires gravel and then the road department (community dollars) will eventually chip and seal it.
Rural subdivisions are rare birds around here.?ÿ I would expect nothing fancier than gravel being placed.?ÿ Mainly because they would be exiting onto a gravel (crushed limestone) road anyway in most cases.?ÿ I can't think of a rural subdivision that has access to a sewer line, either.
