Request By:
Honorable William I. Markwell
County Attorney
Courthouse
Henderson, Kentucky 42420
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of May 5 in which you state that in Henderson County the basic problem has arisen as to whether or not a tract of land consisting of a number of acres that is divided into several smaller tracts consisting of more than five (5) acres, which division does involve a new street, constitutes a subdivision within the meaning of KRS 100.111(22), particularly the following excerpt therefrom.
". . . providing that a division of land for agricultural purposes into lots of parcels of five (5) acres, or more and not involving a new street shall not be deemed a subdivision. . . ." (Emphasis added).
The above statute clearly provides that a division of land for agricultural purposes into lots of five (5) acres or more and not involving a new street shall not be deemed a subdivision; however, where the division does, in fact, involve a new street, it seems obvious that where even five (5) or more acres are involved, such would constitute a subdivision.
From the facts related, it is not too clear as to whether the mini farms of five (5) acres or more contain a residence and also whether or not new streets are actually involved.
This office has taken the position in OAG 72-409 [copy attached] that the term "agricultural purposes" as used in the subdivision definition excludes the construction of a residence or other structure other than one to be used for strictly agricultural purposes. At the same time if roads have been constructed though not adequately maintained, as your question and facts seem to indicate, this division of lots would constitute the subdivision of land within the meaning of the statute.