SECTIONS 66499.21-66499.29 - California Statutes

GOVERNMENT CODE

SECTION 66499.21-66499.29

66499.21. The superior court of the county in which a subdivision
is situated may cause all or any portion of the real property
included within the boundaries of the subdivision to be excluded from
such subdivision and the recorded map to be altered or vacated, in
accordance with the procedures set forth in this article.

66499.22. A proceeding for exclusion shall be initiated by filing a
petition therefor in the offices of the county surveyor and clerk of
the board of supervisors of the county in which the subdivision or
the portion thereof sought to be excluded is situated. The petition
shall accurately and distinctly describe the real property sought to
be excluded by reference to the recorded map or by any accurate
survey, shall show the names and addresses of all owners of real
property in the subdivision or in the portion thereof sought to be
excluded as far as the same are known to the petitioners, and shall
set forth the reasons for the requested exclusion. The petition shall
be signed and verified by the owners of at least two-thirds of the
total area of the real property sought to be excluded.

66499.23. The petition shall be accompanied by a new map showing
the boundaries of the subdivision as it appears after the exclusion
and alteration. The new map shall designate as numbered or lettered
parcels those portions excluded and show the acreage of each parcel.
If the map can be compiled from data available, an actual field
survey shall not be required. If the map meets with the approval of
the county surveyor, a statement by an engineer or surveyor shall not
be required.

66499.24. Upon the filing of a petition pursuant to this article,
any judge of the superior court of the county in which the real
property is situated shall make an order directing the clerk of the
court to give notice of the filing of the petition. The notice shall
be for once a week for a period of not less than five consecutive
weeks and shall be given by publication in some newspaper of general
circulation within the county, or if there is no newspaper published
therein, by posting in three of the principal places in the county;
provided, that if such real property or any portion thereof is
situated within a city, the notice shall be given by publication in
some newspaper of general circulation within the city, or if there is
no newspaper published therein, by posting in three of the principal
places in the city. Such notice shall contain a statement of the
nature of the petition together with a direction that any person may
file his written objection to the petition at any time before the
expiration of the time of publication or posting. Upon expiration of
the time of publication or posting, an affidavit showing such
publication or posting shall be filed with the clerk of the court.

66499.25. The court may, if no objection has been filed, proceed
without further notice to hear the petition. If during the hearing
the petitioners produce to the court satisfactory evidence of the
necessity of the exclusion of the real property, that the owners of
two-thirds of the area of the real property sought to be excluded are
the petitioners, and that there is no reasonable objection to making
such exclusion, the court may proceed to exclude the real property
sought to be excluded by the petition, and order the alteration or
vacation of the recorded map, and enter its decree accordingly.

66499.26. If objection is made to the petition which, in the
judgment of the court is material, the court shall proceed to hear
such objection and may adjourn the proceedings to such time as may be
necessary upon proper notice to the petitioners and the objectors.

66499.27. The exclusion of any real property or the alteration or
vacation of any recorded map pursuant to this article shall not
affect or vacate the whole or any part of any public street or
highway.

66499.28. A certified copy of the decree of the superior court
excluding any real property or ordering the alteration or vacation of
any recorded map pursuant to this article shall be recorded in the
office of the county recorder of the county in which such real
property is situated. The county recorder shall make upon the face of
any such recorded map a memorandum stating briefly that such
recorded map has been altered or vacated, whichever the case may be,
and giving the date and reference of such decree.

66499.29. At the time a certified copy of the decree of court is
recorded, a copy of the new map required by Section 66499.23 shall be
filed for record with the county recorder who shall file it in
accordance with the provisions of Section 66466. A copy of the new
map shall also be filed with the local agency. A reference to this
map shall be sufficient identification of the real property for
reassessment purposes.