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2004 Arkansas Attorney General Reports and Opinions 1 (2004)

handle is hein.sag/sagar0003 and id is 1 raw text is: THE ATTORNEY GENERAL
STATE OF ARKANSAS
MIKE BEEBE
Opinion No. 2004-228
October 1, 2004
The Honorable Chaney Taylor, Jr.
State Representative
Post Office Box 2721
Batesville, AR 72503-2721
Dear Representative Taylor:
You have requested my opinion on several questions relating to municipal
subdivisions and compliance with a city's subdivision regulations. The questions
pertain, specifically, to a matter that has been before the Batesville Planning
Commission involving a particular parcel of property and responsibility for
bringing certain property up to the city's subdivision specifications. You have
provided extensive documentary background information concerning this matter,
and you have asked:
1. Is a new subdivision created when two owners of a parcel of
property not included on the original subdivision plat sell part of the
non-plated [sic] property to a third party?
2. Does the City have the legal authority to retroactively require the
new property owners to comply with the city's subdivision
regulations, including paving, curbing and guttering of the property
used for ingress and egress?
3. Or, in the alternative, is the street that was plated [sic] but not
accepted by the city a separate issue and who is responsible for
bringing the plated [sic] street up to code specifications?
323 CENTER STREET, SurrE 1100 . LrrrLE ROCK, ARKANsAs 72201
TELEPHONE (501) 682-2007 * FAx (501) 682-8084
INTERNET WEBSITE * http://www.ag.state.ar.us/

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