Dedication and acceptance
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.
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