Request By:
Mr. Mike Jones
Meade County Court Clerk
Brandenburg, Kentucky 40108
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Thomas R. Emerson, Assistant Attorney General
This is in reply to your letter raising questions concerning a subdivision plat. You state that a subdivider has filed a plat and now wants to revoke that plat. None of the lots have been sold but a right of way has been deeded to the Meade Fiscal Court. Meade County has a joint city-county planning commission with the city of Brandenburg. The planning commission does not require approval of subdivided plats outside of the Brandenburg city limits. Your questions ask about revoking the plat, whether the plat was properly filed to begin with and the steps to be taken by the clerk.
KRS 100.277(1) states:
"No person or his agent shall subdivide any land, before securing the approval of the planning commission of a plat designating the areas to be subdivided, and no plat of a subdivision shall be recorded by the county clerk until the plat has been approved by the commission and the approval entered thereon in writing by the chairman, secretary, or other duly authorized officer of the commission."
Prior opinions of this office have stated that the provisions of KRS 100.277, requiring planning commission approval of subdivision plats, do not apply in the absence of the adoption of subdivision regulations pursuant to KRS 100.273 and 100.281. See OAG's 68-563 and 73-337, copies enclosed. Note also the provisions of KRS 100.277(2) providing that no person owning land composing a subdivision may transfer or sell, or agree to sell, any lot or parcel of land located therein by reference to, by exhibit, or by any other use of a plat of such subdivision, before such plat has received final approval of the planning commission and has been recorded. In addition, KRS 100.283 states that after the approval of a subdivision plat by the planning commission, it shall be recorded at the expense of the subdivider in the office of the county court clerk.
Thus, if subdivision regulations have been adopted, the subdivision plat must be approved by the planning commission before the plat is recorded by the county court clerk. See OAG 76-131, copy enclosed, concerning in part the adoption of subdivision regulations by a joint city-county planning commission. If subdivision regulations have been adopted and the subdivision plat has been approved and recorded, the plat could probably be amended from time to time providing the amendments are approved by the planning commission. See OAG 71-206, copy enclosed. There is no statutory authority permitting the subdivider to unilaterally alter or change the subdivision plat. Where subdivision regulations have been adopted but the subdivision plat has not been approved, any instrument of transfer, sale or contract relating to subdivided land is void and not subject to recording. If subdivision regulations have not been adopted, the planning commission has no authority to approve or disapprove a subdivision plat and a clerk must record a properly executed plat filed with his office. See OAG 75-205, copy enclosed.
In view of the lack of pertinent factual information we cannot specifically answer your questions. We have, however, attempted to set forth situations involving subdivision plats in order that you might apply the applicable rules and principles to your specific situation.