Know the rules
I’m just about to finish a “major subdivision” and have an emergency meeting with the clients and the regulators. Seems there has been a reconsideration of the state subdivision statute.
What was a no-go for family exemptions for my client is now a can’t be stopped process.
They originally wanted to use the family exemption portion of the statute to divide up their property but were blocked. So I was hired to divide up the land through a subdivision. That meant a Water Plan plus Board of Control approval plus all the other engineering ect.
Seems the statute was interpreted incorrectly by planners and now it’s full on family exemption and the Major Subdivision is mote.
But, the really good news is that a family of a friend of my wife who recently passed is now allowed to use the family exemption to grant her two sons 5 acre parcels instead of subdividing it. The savings will approach the high 5 figures for that simple change.
The water right for that small subdivision is a massive undertaking, now it’s not an issue.
Calling that family to let them know yesterday made it one of my all-time best days.
Then a client who had been talking with me about a Minor Subdivision in a Rural Residential area came in with some information. He wanted to split up his 4 acres into two 2 acre parcels and sell the south 1/2 keeping the north 1/2 with his house. I asked if he had water rights, seems he tried to get some, went to the state supreme court and was denied. Well, that was interesting, but then he said his neighbor to the south really wanted the 2 acres.
So he doesn’t need a Subdivision, he needs a BLA. A simple record of survey with a one week review process. Sweet!!!
Know the rules, even when the regulators don’t seem to.
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