Legal Access to a Subdivided Commercial Site

Issue: If a commercial property were to be subdivided, would the site have legal road access?

Approach: The property was listed for sale, subject to being subdivided. At the outset, it appeared feasible that the property, which already had floodplain issues, could be further subdivided. First HMG compared old plats with right-of-way dedication maps, and interviewed the land records department to find out an updated property size (we couldn’t, so we had to estimate it by subtracting the right-of-way carved from the property). Our research took us to a number of other departments in the local government, including community development, public works and engineering, and required a thorough review of zoning, permitting requirements and land development regulations.