My clients are trying to reconfigure their common lot line. The county says they can't approve the replat because the lots are in different subdivisions. Nothing specifically prohibits it in the county subdivision regulations or the Texas Local Gov't Code Sec. 232.
Neither subdivision has an HOA or POA. All parties are signing the plat. The language on the plat clearly states who owns which property and how the new line is located.
Can anyone provide links to other replats that may have done this same thing so I can show the County that this isn't as big of a deal as they think it is?
Now you miss Kent
@dmyhill Yes I do. I've been away for a long time from the forum and was sad to see he wasn't active anymore.
I had a (bonehead city flunkie who was the chief brownnose in charge of whatever the city manager told him to do) try to tell me this could not happen. It did happen because nowhere was there a document saying it couldn't be done. Said ( ) followed the city manager to the next unfortunate city to employ said city manager. Good riddance
Local news story told of how the city manager was out on a Sunday afternoon operating a city-owned tractor and brush hog on city property AND adjoining private property. He got hot and dry so called the ( ) to bring him a cold bottle of beer or two to be consumed while he kept mowing on land that the true owner did not want mowed. Shortly after that he found a new city to demolish.
The country probably just doesn't know how to deal with it in their approval process/record management system. This is an example of when it is appropriate for a surveyor to be an advocate for their client. Be firm. Demand an explanation of where their authority to deny this request comes from.
@aliquot I appreciate the advice. This is just land owned by two individuals. They should have the right to have the replat considered by the county or at least have a reasonable explanation for why this can't happen.
My follow-up email will point to this section to get them off high center.
Sec. 232.0026. APPROVAL PROCEDURE: CONDITIONAL APPROVAL OR DISAPPROVAL REQUIREMENTS. (a) A commissioners court or designee that conditionally approves or disapproves of a plat application under this subchapter shall provide the applicant a written statement of the conditions for the conditional approval or the reasons for disapproval that clearly articulates each specific condition for the conditional approval or reason for disapproval.
(b) Each condition or reason specified in the written statement:
(1) must:
(A) be directly related to the requirements of this subchapter; and
(B) include a citation to the law, including a statute or order, that is the basis for the conditional approval or disapproval, if applicable; and
(2) may not be arbitrary.
A potential problem is that it is possible that a property could end up being smaller than a minimum area required.
@arctanx sounds like a good first step!
@holy-cow then the reason for disapproval would be a zoning restriction, not that it was in two subdivisions. Hopefully this is something a surveyor would notice before it got as far as an application with the county.
@holy-cow @aliquot That's not a problem in this particular instance since two lots in one subdivision are being put together, and one lot in the other is taking a little piece from their combined area.
It would be a great help if someone could post a link to other replats that have done something similar. It will help the commissioners to know that this kind of thing can happen in other areas of Texas.
@arctanx I could find examples form other states, but I can't think of any particular example in Texas. I am licensed in Texas, but haven't done any subdivision work there. I am sure it's been done.
Maybe a search of a county with a good GIS would turn something up?
In similar situations I have been able to get in a room with the planting jurisdiction's attorney and convince them that I/my client will not let this go away. They will know they don't have the legal authority to prevent this.
I don't suppose you or your client has a working relationship with a good attorney? A simple letter from an attorney could help get this moving.
