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Agricultural Zoning law

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R

RCN

Guest
What is the name of your state?
California
My Grandfather bought property in the late sevnties or early eighties totaling just under ten acres. There is was one house on the property at that time. In the early nineties he built another house on it. My parents live in the smaller house and my grandparents the larger. My Grandfather would like to split the land up between his children so that my mother could keep the part with her house on it. According to the county he can not split the land up because it is in an agricultural zone and something about having to have ten acres to split it up. Why is this true and is there no way to appeal this or change this so that he can divide his land up? We are located in a pretty populated area with only one farming field to the right of the property.
 


HomeGuru

Senior Member
RCN said:
What is the name of your state?
California
My Grandfather bought property in the late sevnties or early eighties totaling just under ten acres. There is was one house on the property at that time. In the early nineties he built another house on it. My parents live in the smaller house and my grandparents the larger. My Grandfather would like to split the land up between his children so that my mother could keep the part with her house on it. According to the county he can not split the land up because it is in an agricultural zone and something about having to have ten acres to split it up. Why is this true

**A: what do you mean "why is this true?" It is true because the county at one time passed zoning ordinances that govern specific types of zoning permameters for each property type ie. residential, business, agriculture, preservation etc. Since the property is not in a residential zoning, the ag zoning requirements apply.

*************


and is there no way to appeal this or change this so that he can divide his land up?

**A: read your respective ordinances.
***********


We are located in a pretty populated area with only one farming field to the right of the property.

**A: so what, even if you lived within walking distance to Disneyland, the zoning regulations apply.
 
R

rdhd

Guest
Check with your local zoning commission, board, dept., whatever, to find if there are procedures to request a zoning variance. If so, and if your request is reasonable, you may be able to get the desired resubdivision. However, from experience, I suggest you be prepared to: 1) hire a good surveyor familiar with the subdivision requirements of your county; 2) fill out reams of paperwork -- in triplicate; 3) deal with the never-ending bureaucratic reviews and commentary; and 4) if approved, watch your property taxes go through the roof. In the world of property tax assessors, the sum of the parts is generally much greater than the whole.
 

FarmerJ

Senior Member
As you might also realise in many many growing so called suburban communitys as they have seen so called rural propertys get consumed for home sites some city govts have created local ordinances that will keep what few rural like propertys there are in the community that way . Inorder to preserve green space .If that was the case in your town it is likely you will not see any change in zoning for a long time . And if the property tax rate for that ag zoning is less than regular residential you do benefit from it then in another way . Also in some places those ag zoned parcels were also exempted from there contribution to water/ sewer assesments so if that were the case too any change to the land might force you to cough up the the money as any one else in the town would have had to . Have you looked also at those things ? If so it may be well worth it to you to seek no change in the zoning and just make the best of it as it is .
 

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