HomeMy WebLinkAbout1.0 CorrespondenceGARFIELD COUNTY
COUNTY ATTORNEY'S OFFICE
P.O. Box 640 Glenwood Springs, Colorado 81602-0640
March 7, 1983
Thomas L. Emmer
P. 0. Box 71
Rifle, CO 81650
RE: Subdivision of Property
Dear Mr. Emmer:
MAR
71983
Phone 945-9158
This office is in receipt of a letter dated December 16, 1982, addressed to
Terry Bowman of the Garfield County Planning Department. I have reviewed the
letter and the attachments you have provided her. These attachments are
presently in my file, and I would be happy to return them to you or the
Planning Department at your direction.
I have reviewed a boundary survey, prepared by KKBNA,.dated October 11, 1983,
as to the subject property. I have also reviewed a separation agreement and
property settlement in Case No. 80DR1249. It is unclear whether this agreement
has been adopted by the Court or not.
Section 30-28-101(10)(a) defines what is a subdivision or subdivided land. The
State definition does not apply to any tract of land which is thirty-five (35)
acres or more. Because of this, to the extent that you create tracts of 35
acres or more, Garfield County has no subdivision authority over them, and you
need not obtain any approval. The boundary survey of KKBNA indicates Parcels
A, B, D and the tract of land to the west of State Highway 325 may contain more
than 35 acres. Because Garfield County has no jurisdiction over these land
splits, I will make no further comment about them.
Section 30-28-101(10)(c)(II) indicates that it is not a subdivision, according
to the State definition, if the land split is created by an order of Court.
This was amended in 1977 to indicate that the County was to receive notice as
to this land split, and given an opportunity to object in Court, if the purpose
of the Court order was to evade the purposes of County control of subdivision
under Part I of Article 28. Without expressing an official position, it
appears to me that to have the Court order the splitting up of Parcels C and E
from Parcel D, would appear to be evasion of the County subdivision control,
since all those parcels would remain in your ownership, pursuant to the
separation agreement and property settlement.
Based upon the above, it is my recommendation to you that you file an
application for subdivision exemption with Garfield County in regards to
Parcels C, D and E. Without knowing the facts of this case, it would appear
that you may have a right to such a split under Resolution No. 80-65, which was
adopted by the Board of County Commissioners in May of 1980.
Thomas L. Emmer
March 7, 1983
PAGE TWO
I hope my comments have been of help to you. If you have any further
questions, please do not hestitate to contact me.
Very truly yours,
Earl G. Rhodes
Garfield County Attorney
EGR/sr
xc: Terry Bowman, Garfield County Planner ✓