Request By:
Honorable Robert A. Jones
State Representative
59th District
P. O. Box 203
Crestwood, Kentucky 40014
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of November 30 in which you raise the question as to whether a division of land under the following factual circumstances constitutes a "subdivision" within the meaning of KRS 100.111(22):
"The fact situation is as follows:
a. There is a parcel of land (approximately 1.7 acres zoned R-2) situated in Oldham County, Kentucky. Oldham County has been subject to Planning and Zoning for at least five (5) years.
b. The owner would like to divide the property into two (2) parcels, retaining a small parcel of approximately two tenths (.2) of an acre and selling approximately 1.5 acres to a purchaser. There would be (each already existing) a small home on each of the two tracts.
c. Oldham County does not have a city of the first, second or third class and does not have an urban-county government."
KRS 100.111(22) reads in part as follows:
" 'Subdivision' means the division of a parcel of land into three (3) or more lots or parcels except in a county containing a city of the first, second or third class or in an urban county government where a subdivision means the division of a parcel of land into two (2) or more lots or parcels for the purpose, whether immediate or future, of sale, lease, or building development, or if a new street is involved, any division of a parcel of land. . . ." (Emphasis added).
Our response to your question would be in the negative. Under the above definition of a "subdivision", a division of a parcel of land into less than three lots [which is the case under your factual situation] would not constitute a subdivision where the county does not contain a city of the first, second or third class, or urban county government.
In view of our response to your initial question, your second question becomes moot.