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attorney general j.b. van hollen issues formal opinion concerning partition actions on local zoning regulations and county authority requiring prior review of sales or exchanges of land between adjoining landowners

 

MADISON —  Attorney General J.B. Van Hollen issued a formal opinion today to Burnett County Corporation Counsel David Grindell concerning two questions:  the effect of partition actions on zoning regulations; and a county’s authority to enact an ordinance or regulation requiring prior review of sales or exchanges of land between adjoining landowners.  Van Hollen concluded that the exception in the subdivision law for transfers of land “by will or pursuant to court order” does not override applicable zoning regulations.  Van Hollen further concluded that a county has the authority to enact an ordinance providing for review of proposed sales or exchanges between adjoining landowners to determine whether the resulting lots would be reduced below the minimum lot size required by zoning or other regulations, and that a county may impose a reasonable fee for this review.

 

A copy of the Attorney General's opinion is available here.

 

A copy of the opinion request is available here.

 

Formal and informal opinions issued by Attorney General Van Hollen are available here.