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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/