Chapter 23.19 — REVERSIONS TO ACREAGE
San Benito County Municipal Code · 2026-09 edition · updated 2026-09-30 · San Benito County
Section
- 23.19.001 General
- 23.19.002 Initiation of proceedings
- 23.19.003 Contents of petition
- 23.19.004 Submittal of petition to the County Engineer
- 23.19.005 Board of Supervisors action
- 23.19.006 Recording with the County Recorder
§ 23.19.001 GENERAL.¶
(A) Subdivided real property may be reverted to acreage pursuant to the provisions of the Subdivision Map Act and this chapter. This chapter shall apply to final and parcel maps. (B) Subdivided lands may also be merged and resubdivided without reverting to acreage pursuant to § 66499.20-1/2 of the Subdivision Map Act and this title. (1966 Code, § 17-75) (Ord. 617, § 2(part))
§ 23.19.002 INITIATION OF PROCEEDINGS.¶
(A) By owners. Proceedings to revert subdivided lands to acreage may be initiated by petition of all of the owners of record of the real property within the subdivision. The petition shall be in a form prescribed by the Planning Director and County Engineer and shall contain the information required by § 23.19.003 and any additional information as required by the Planning Director and County Engineer. (B) By Board of Supervisors. The Board of Supervisors, at the request of any person or on its own motion may, by resolution, initiate proceedings to revert subdivided real property to acreage. The Board of Supervisors shall direct the Planning Department to obtain the necessary information to initiate and conduct the proceedings. (1966 Code, § 17-76) (Ord. 617, § 2(part))
§ 23.19.003 CONTENTS OF PETITION.¶
The petition shall contain, but not be limited to, the following: (A) Evidence of title to the real property within the subdivision; (B) Evidence of the consent of all of the owners of an interest in the real property to the reversion; (C) Evidence that none of the improvements required to be made have been made within two years from the date the final or parcel map was recorded for record, or within the time allowed by agreement for completion of the improvements, whichever is later; (D) Evidence that no lots shown on the final or parcel map have been sold within five years from the date the map was recorded for record; (E) A description of all dedications or offers of dedication to be vacated or abandoned by the reversion; (F) A final or parcel map in the form, and with the contents, prescribed by §§ 23.09.004 and 23.09.005 or 23.11.004, as the case may be, which delineates dedications or offers of dedication which will not be vacated and dedications or offers of dedication required as a condition to reversion. Final or parcel maps shall be conspicuously designated with the title “The Purpose of this Map is a Reversion to Acreage”; (G) Fees and/or deposits in accordance with § 23.01.007; and (H) Sufficient data to enable the legislative body to make all of the determinations and findings required under this chapter. (1966 Code, § 17-77) (Ord. 617, § 2(part))
§ 23.19.004 SUBMITTAL OF PETITION TO THE COUNTY ENGINEER.¶
(A) The final or parcel map for the reversion, together with all other data as required by this chapter, shall be submitted to the County Engineer for review. (B) Upon finding that the petition meets all the requirements of the Subdivision Map Act and this title, the County Engineer shall submit the final or parcel map, together with a report setting forth their recommendations for approval, conditional approval or disapproval of the reversion to acreage to the Board of Supervisors for its consideration. (1966 Code, § 17-78) (Ord. 617, § 2(part))
§ 23.19.005 BOARD OF SUPERVISORS ACTION.¶
(A) Public hearing. A public hearing shall be held by the Board of Supervisors on all proposed reversions to acreage. Notice of the public hearing shall be given the Planning Director as provided in § 23.07.006. The Planning Director may give such other notice as he or she deems necessary or advisable. (B) Approval. The Board of Supervisors may approve a reversion to acreage only if it finds and records by resolution that: (1) Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are necessary for present or prospective public purposes; and (2) Either: (a) All owners of an interest in the real property within the subdivision have consented to reversion;
(b) None of the improvements required to be made have been made within two years from the date the final or parcel map was recorded, or within the time allowed by agreement for completion of the improvements, whichever is later; or (c) No lots shown on the final or parcel map have been sold within five years from the date the map was recorded. (C) Conditions of approval. The Board of Supervisors shall require as conditions of the reversion: (1) Dedications or offers of dedication of streets, public rights-of-way or easements; (2) Retention of all previously paid fees if necessary to accomplish any of the purposes or provisions of the Subdivision Map Act or this title; (3) Retention of any portion of required improvement security or deposits if necessary to accomplish the purposes or provisions of the Subdivision Map Act or this title; and (4) Such other conditions of reversion as are necessary to accomplish the purposes or provisions of the Subdivision Map Act or this title. (1966 Code, § 17-79) (Ord. 617, § 2(part))
§ 23.19.006 RECORDING WITH THE COUNTY RECORDER.¶
Upon approval of the reversion to acreage, the Clerk of the Board shall transmit the final or parcel map, together with the Board of Supervisors’ resolution approving the reversion, to the County Recorder for recordation. Reversion shall be effective upon the final or parcel map being recorded by the County Recorder. Upon filing, all dedications and offers of dedication not shown on the final or parcel map for reversion shall be of no further force and effect. (1966 Code, § 17-80) (Ord. 617, § 2(part))
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