SENATE AMENDMENT
Bill No. CS for SB 2548
Amendment No. ___ Barcode 023136
CHAMBER ACTION
Senate House
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11 Senator Bennett moved the following amendment:
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13 Senate Amendment
14 On page 25, lines 4-31, delete those lines
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16 and insert:
17 1. The plat of the subdivision was recorded as
18 provided by law, or approved pursuant to law but not recorded,
19 not less than 25 years before the date of such action; and
20 2. In the subdivision or a portion of the subdivision,
21 not more than 20 percent of the total subdivision area has
22 been built into the uses of the subdivision's zoned or land
23 use purposes.
24 (b) The governing body of a local government may not
25 order the assembly or adjustment of all or part of a
26 subdivision if 30 percent or more of the lands are in single
27 ownership and that owner does not consent to such assembly or
28 adjustment
29 (c) Any persons or entities, other than the local
30 governing body, pursuing reassembly of a parcel pursuant to
31 this section must demonstrate that the persons or entities
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3:42 PM 04/24/04 s2548.cp21.10
SENATE AMENDMENT
Bill No. CS for SB 2548
Amendment No. ___ Barcode 023136
1 making application for such vacation own the fee simple title
2 to at least 60 percent of the subdivision or portion of the
3 tract covered by the plat sought to be vacated and must
4 demonstrate that the vacation will not affect the ownership or
5 right of convenient access of persons owning other parts of
6 the subdivision.
7 (d) Such action shall be based on a finding by the
8 governing body that the proposed assembly or adjustment, or
9 vacation and reversion to acreage of subdivided land, conforms
10 to the comprehensive plan of the area and that the public
11 health, safety, economy, comfort, order, convenience, and
12 welfare will be promoted.
13 (e) A county governing authority shall establish
14 provisions for the fair and just compensation of any fee
15 simple owner of platted lands within the tract covered by the
16 application for vacation and reversion to acreage who, for
17 whatever reason, has refused to participate in the
18 application.
19 (f) Notwithstanding any provision of this section,
20 this section does not apply to those subdivisions that are
21 approved or recorded again no later than 6 months from the
22 effective date of this act.
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3:42 PM 04/24/04 s2548.cp21.10