Empathy List Archives

JM

Jon Miller

Wed, May 8, 2024 4:44 PM

Counselors:

I suspect many cities have issues with people who own property and then separate from their property those portions that are problematic. The problematic area always seems to be a drainage area that frequently becomes overgrown and requires regular mowing and upkeep. While local ordinances may require approval of any property division, unfortunately people will file deeds conveying away all but the problem area. They then quit paying taxes on the problem area, it goes to a tax sale and some unwitting person buys the tract not knowing its problems or that it is essentially useless. To make matters worse, 16 O.S. §27a has language to the effect that a deed that has been on file for five (5) years without having been "approved by the appropriate planning authority having jurisdiction" shall be deemed to have been so approved from its inception.

Does anyone know of any legislative efforts to change 16 O.S. §27a, or to otherwise stop the creation of these orphan tracts? Cities wind up spending thousands of dollars cleaning and mowing these tracts which the person who created the problem escapes with no repercussions or liability.

Has anyone considered defining the creation of an orphan tract a "public nuisance" that could then be addressed as other public nuisances?
Has anyone considered providing in its municipal ordinance a provision that any tract created as a result of a unapproved lot split shall be considered and treated as appurtenant to the land from its parent tract? Would that be something the a charter city could do?
Has anyone considered citing the prior owner for a violation of its ordinances for failing to seek prior approval of a lot split?
Can county clerks refuse to record a deed that does not bear required approval of a municipality?

How can we prevent persons from intentionally creating orphan lots that create a drain on municipal resources and can never be used for any purposes because they do not meet code requirements for any zoning district. Perhaps this might be something that OML could champion as a legislative change. New legislation excluding from the effect of 16 OS §27a any instance in which failure to obtain approval from the appropriate planning authority would result in the creation of a tract that creates an orphan lot (a term we could define).

Hoping to engage in discussion on this topic.

Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721

This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege.

Counselors: I suspect many cities have issues with people who own property and then separate from their property those portions that are problematic. The problematic area always seems to be a drainage area that frequently becomes overgrown and requires regular mowing and upkeep. While local ordinances may require approval of any property division, unfortunately people will file deeds conveying away all but the problem area. They then quit paying taxes on the problem area, it goes to a tax sale and some unwitting person buys the tract not knowing its problems or that it is essentially useless. To make matters worse, 16 O.S. §27a has language to the effect that a deed that has been on file for five (5) years without having been "approved by the appropriate planning authority having jurisdiction" shall be deemed to have been so approved from its inception. Does anyone know of any legislative efforts to change 16 O.S. §27a, or to otherwise stop the creation of these orphan tracts? Cities wind up spending thousands of dollars cleaning and mowing these tracts which the person who created the problem escapes with no repercussions or liability. * Has anyone considered defining the creation of an orphan tract a "public nuisance" that could then be addressed as other public nuisances? * Has anyone considered providing in its municipal ordinance a provision that any tract created as a result of a unapproved lot split shall be considered and treated as appurtenant to the land from its parent tract? Would that be something the a charter city could do? * Has anyone considered citing the prior owner for a violation of its ordinances for failing to seek prior approval of a lot split? * Can county clerks refuse to record a deed that does not bear required approval of a municipality? How can we prevent persons from intentionally creating orphan lots that create a drain on municipal resources and can never be used for any purposes because they do not meet code requirements for any zoning district. Perhaps this might be something that OML could champion as a legislative change. New legislation excluding from the effect of 16 OS §27a any instance in which failure to obtain approval from the appropriate planning authority would result in the creation of a tract that creates an orphan lot (a term we could define). Hoping to engage in discussion on this topic. Jonathan E. Miller City Attorney City of Mustang 1501 N. Mustang Road Mustang, Oklahoma 73064 Telephone: (405) 376-7746 Facsimile: (405) 376-7721 This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege.

DM

Daniel McClure

Wed, May 8, 2024 5:15 PM

I agree with your thoughts. We definitely need a change I have had 3 of these the last few months where unapproved splits has caused an issue. I have one that split and left the flood plain only and new owner likely now has a useless lot and cant build anything.

From: Jon Miller via Oama oama@lists.imla.org
Date: Wednesday, May 8, 2024 at 11:45 AM
To: oama (oama@lists.imla.org) oama@lists.imla.org
Subject: [Oama] UNAPPROVED LOT SPLITS
Counselors:

I suspect many cities have issues with people who own property and then separate from their property those portions that are problematic. The problematic area always seems to be a drainage area that frequently becomes overgrown and requires regular mowing and upkeep. While local ordinances may require approval of any property division, unfortunately people will file deeds conveying away all but the problem area. They then quit paying taxes on the problem area, it goes to a tax sale and some unwitting person buys the tract not knowing its problems or that it is essentially useless. To make matters worse, 16 O.S. §27a has language to the effect that a deed that has been on file for five (5) years without having been “approved by the appropriate planning authority having jurisdiction” shall be deemed to have been so approved from its inception.

Does anyone know of any legislative efforts to change 16 O.S. §27a, or to otherwise stop the creation of these orphan tracts? Cities wind up spending thousands of dollars cleaning and mowing these tracts which the person who created the problem escapes with no repercussions or liability.

Has anyone considered defining the creation of an orphan tract a “public nuisance” that could then be addressed as other public nuisances?
Has anyone considered providing in its municipal ordinance a provision that any tract created as a result of a unapproved lot split shall be considered and treated as appurtenant to the land from its parent tract? Would that be something the a charter city could do?
Has anyone considered citing the prior owner for a violation of its ordinances for failing to seek prior approval of a lot split?
Can county clerks refuse to record a deed that does not bear required approval of a municipality?

How can we prevent persons from intentionally creating orphan lots that create a drain on municipal resources and can never be used for any purposes because they do not meet code requirements for any zoning district. Perhaps this might be something that OML could champion as a legislative change. New legislation excluding from the effect of 16 OS §27a any instance in which failure to obtain approval from the appropriate planning authority would result in the creation of a tract that creates an orphan lot (a term we could define).

Hoping to engage in discussion on this topic.

Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721

This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege.

I agree with your thoughts. We definitely need a change I have had 3 of these the last few months where unapproved splits has caused an issue. I have one that split and left the flood plain only and new owner likely now has a useless lot and cant build anything. From: Jon Miller via Oama <oama@lists.imla.org> Date: Wednesday, May 8, 2024 at 11:45 AM To: oama (oama@lists.imla.org) <oama@lists.imla.org> Subject: [Oama] UNAPPROVED LOT SPLITS Counselors: I suspect many cities have issues with people who own property and then separate from their property those portions that are problematic. The problematic area always seems to be a drainage area that frequently becomes overgrown and requires regular mowing and upkeep. While local ordinances may require approval of any property division, unfortunately people will file deeds conveying away all but the problem area. They then quit paying taxes on the problem area, it goes to a tax sale and some unwitting person buys the tract not knowing its problems or that it is essentially useless. To make matters worse, 16 O.S. §27a has language to the effect that a deed that has been on file for five (5) years without having been “approved by the appropriate planning authority having jurisdiction” shall be deemed to have been so approved from its inception. Does anyone know of any legislative efforts to change 16 O.S. §27a, or to otherwise stop the creation of these orphan tracts? Cities wind up spending thousands of dollars cleaning and mowing these tracts which the person who created the problem escapes with no repercussions or liability. * Has anyone considered defining the creation of an orphan tract a “public nuisance” that could then be addressed as other public nuisances? * Has anyone considered providing in its municipal ordinance a provision that any tract created as a result of a unapproved lot split shall be considered and treated as appurtenant to the land from its parent tract? Would that be something the a charter city could do? * Has anyone considered citing the prior owner for a violation of its ordinances for failing to seek prior approval of a lot split? * Can county clerks refuse to record a deed that does not bear required approval of a municipality? How can we prevent persons from intentionally creating orphan lots that create a drain on municipal resources and can never be used for any purposes because they do not meet code requirements for any zoning district. Perhaps this might be something that OML could champion as a legislative change. New legislation excluding from the effect of 16 OS §27a any instance in which failure to obtain approval from the appropriate planning authority would result in the creation of a tract that creates an orphan lot (a term we could define). Hoping to engage in discussion on this topic. Jonathan E. Miller City Attorney City of Mustang 1501 N. Mustang Road Mustang, Oklahoma 73064 Telephone: (405) 376-7746 Facsimile: (405) 376-7721 This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege.

CR

Christian Rinehart

Wed, May 8, 2024 7:56 PM

OML will be sending out our legislative request form after this session is over for the 2025 session. This sounds like it would be a good request to submit for our legislative committee's consideration.

Christian Rinehart

ASSOCIATE GENERAL COUNSEL
OKLAHOMA MUNICIPAL LEAGUE

201 Northeast 23rd Street

Oklahoma City, OK 73105

(405) 528-7515
[cid:a114e009-e2ae-4bd4-83b7-b4fa99bbd424]

The Municipal Inquiry Service provides information based on Oklahoma Statutes and sample policies from other member cities and towns to members of the Oklahoma Municipal League. There may be other facts and details that were unknown to OML or not relayed that may alter the information provided. OML does not provide legal advice or act as a legal advisor. The advice of your municipal attorney, as your legal advisor, should be followed before implementing any policy or making any decisions regarding your legal matters. The OML American Recovery Plan Act service provides information based on the guidance provided by the U.S. Department of the Treasury and the state of Oklahoma. Each Oklahoma municipality is responsible for submitting and verifying the correct budget information, using ARPA funds correctly, and submitting a project and expenditure report by April 30th, 2024. The advice of a municipal attorney, as a legal advisor, should be followed before making any decisions regarding accepting, spending, or reporting on ARPA funds.

From: Daniel McClure via Oama oama@lists.imla.org
Sent: Wednesday, May 8, 2024 12:15 PM
To: Jon Miller JMiller@cityofmustang.org; oama (oama@lists.imla.org) oama@lists.imla.org
Subject: [Oama] Re: UNAPPROVED LOT SPLITS

I agree with your thoughts. We definitely need a change I have had 3 of these the last few months where unapproved splits has caused an issue. I have one that split and left the flood plain only and new owner likely now has a useless lot and cant build anything.

From: Jon Miller via Oama oama@lists.imla.org
Date: Wednesday, May 8, 2024 at 11:45 AM
To: oama (oama@lists.imla.org) oama@lists.imla.org
Subject: [Oama] UNAPPROVED LOT SPLITS

Counselors:

I suspect many cities have issues with people who own property and then separate from their property those portions that are problematic. The problematic area always seems to be a drainage area that frequently becomes overgrown and requires regular mowing and upkeep. While local ordinances may require approval of any property division, unfortunately people will file deeds conveying away all but the problem area. They then quit paying taxes on the problem area, it goes to a tax sale and some unwitting person buys the tract not knowing its problems or that it is essentially useless. To make matters worse, 16 O.S. §27a has language to the effect that a deed that has been on file for five (5) years without having been “approved by the appropriate planning authority having jurisdiction” shall be deemed to have been so approved from its inception.

Does anyone know of any legislative efforts to change 16 O.S. §27a, or to otherwise stop the creation of these orphan tracts? Cities wind up spending thousands of dollars cleaning and mowing these tracts which the person who created the problem escapes with no repercussions or liability.

Has anyone considered defining the creation of an orphan tract a “public nuisance” that could then be addressed as other public nuisances?
Has anyone considered providing in its municipal ordinance a provision that any tract created as a result of a unapproved lot split shall be considered and treated as appurtenant to the land from its parent tract? Would that be something the a charter city could do?
Has anyone considered citing the prior owner for a violation of its ordinances for failing to seek prior approval of a lot split?
Can county clerks refuse to record a deed that does not bear required approval of a municipality?

How can we prevent persons from intentionally creating orphan lots that create a drain on municipal resources and can never be used for any purposes because they do not meet code requirements for any zoning district. Perhaps this might be something that OML could champion as a legislative change. New legislation excluding from the effect of 16 OS §27a any instance in which failure to obtain approval from the appropriate planning authority would result in the creation of a tract that creates an orphan lot (a term we could define).

Hoping to engage in discussion on this topic.

Jonathan E. Miller

City Attorney

City of Mustang

1501 N. Mustang Road

Mustang, Oklahoma 73064

Telephone: (405) 376-7746

Facsimile: (405) 376-7721

This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege.

OML will be sending out our legislative request form after this session is over for the 2025 session. This sounds like it would be a good request to submit for our legislative committee's consideration. Christian Rinehart ASSOCIATE GENERAL COUNSEL OKLAHOMA MUNICIPAL LEAGUE 201 Northeast 23rd Street Oklahoma City, OK 73105 (405) 528-7515 [cid:a114e009-e2ae-4bd4-83b7-b4fa99bbd424] The Municipal Inquiry Service provides information based on Oklahoma Statutes and sample policies from other member cities and towns to members of the Oklahoma Municipal League. There may be other facts and details that were unknown to OML or not relayed that may alter the information provided. OML does not provide legal advice or act as a legal advisor. The advice of your municipal attorney, as your legal advisor, should be followed before implementing any policy or making any decisions regarding your legal matters. The OML American Recovery Plan Act service provides information based on the guidance provided by the U.S. Department of the Treasury and the state of Oklahoma. Each Oklahoma municipality is responsible for submitting and verifying the correct budget information, using ARPA funds correctly, and submitting a project and expenditure report by April 30th, 2024. The advice of a municipal attorney, as a legal advisor, should be followed before making any decisions regarding accepting, spending, or reporting on ARPA funds. ________________________________ From: Daniel McClure via Oama <oama@lists.imla.org> Sent: Wednesday, May 8, 2024 12:15 PM To: Jon Miller <JMiller@cityofmustang.org>; oama (oama@lists.imla.org) <oama@lists.imla.org> Subject: [Oama] Re: UNAPPROVED LOT SPLITS I agree with your thoughts. We definitely need a change I have had 3 of these the last few months where unapproved splits has caused an issue. I have one that split and left the flood plain only and new owner likely now has a useless lot and cant build anything. From: Jon Miller via Oama <oama@lists.imla.org> Date: Wednesday, May 8, 2024 at 11:45 AM To: oama (oama@lists.imla.org) <oama@lists.imla.org> Subject: [Oama] UNAPPROVED LOT SPLITS Counselors: I suspect many cities have issues with people who own property and then separate from their property those portions that are problematic. The problematic area always seems to be a drainage area that frequently becomes overgrown and requires regular mowing and upkeep. While local ordinances may require approval of any property division, unfortunately people will file deeds conveying away all but the problem area. They then quit paying taxes on the problem area, it goes to a tax sale and some unwitting person buys the tract not knowing its problems or that it is essentially useless. To make matters worse, 16 O.S. §27a has language to the effect that a deed that has been on file for five (5) years without having been “approved by the appropriate planning authority having jurisdiction” shall be deemed to have been so approved from its inception. Does anyone know of any legislative efforts to change 16 O.S. §27a, or to otherwise stop the creation of these orphan tracts? Cities wind up spending thousands of dollars cleaning and mowing these tracts which the person who created the problem escapes with no repercussions or liability. * Has anyone considered defining the creation of an orphan tract a “public nuisance” that could then be addressed as other public nuisances? * Has anyone considered providing in its municipal ordinance a provision that any tract created as a result of a unapproved lot split shall be considered and treated as appurtenant to the land from its parent tract? Would that be something the a charter city could do? * Has anyone considered citing the prior owner for a violation of its ordinances for failing to seek prior approval of a lot split? * Can county clerks refuse to record a deed that does not bear required approval of a municipality? How can we prevent persons from intentionally creating orphan lots that create a drain on municipal resources and can never be used for any purposes because they do not meet code requirements for any zoning district. Perhaps this might be something that OML could champion as a legislative change. New legislation excluding from the effect of 16 OS §27a any instance in which failure to obtain approval from the appropriate planning authority would result in the creation of a tract that creates an orphan lot (a term we could define). Hoping to engage in discussion on this topic. Jonathan E. Miller City Attorney City of Mustang 1501 N. Mustang Road Mustang, Oklahoma 73064 Telephone: (405) 376-7746 Facsimile: (405) 376-7721 This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege.