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Homes built on land with no roads and no water or proper drainage comprise an illegal subdivision. There are hundreds around the state. But things may be getting better.
Sam Wercinski made stopping illegal subdivisions his mission before he stepped down as Department of Real Estate Commissioner.
“We are on top of the violators, and they are getting the compliance done much sooner. So that's good news for Arizona.”
Now, it’s paying off. Thirty percent of developers with problem properties are fixing them.
But you, the taxpayer, are still paying an estimated $200 million just for roads alone.
A legal development is land split into six or more lots, and the seller must provide infrastructure including roads, water and proper drainage upfront.
The subdivision becomes illegal when they don't provide infrastructure or file paperwork.
If the seller splits the land five ways, they are not required to spend the money and create infrastructure.
Taxpayers pick up the cost.
Maricopa County is the state's worst offender.
“It used to be that the illegal subdividers often would never comply," said Wercinski, “We didn't have the processes in place actually to find out were they complying or not.”
Ten of Arizona’s 15 counties signed agreements with the state to help investigate the problem.
Maricopa County has not.
Darren Gerard is with Maricopa County Planning and Development.
“There's frustration, but there is frustration that we all understand,” he said.
Gerard said the timeline is just one of the problems. The county has to issue permits long before the state has time to investigate the crime.
“With their limited resources and limited budget, I'm sure it creates an extremely slow process. It is often years,” he said.
According to county records, 11 cases have closed because it took too long and the statute of limitations ran out.
Then the problem multiplies.
This all could mean no utilities like gas, electricity, phone or water. No roads mean there will be no fire trucks, ambulances, school buses or mail service to your house.
Every county in the state has an illegal development.
If you live near one, their poor drainage means your property could flood, and their need for water means less water for you.
Wercinski said, “The last two summers the wells have run dry and people have had to haul water in.”
Before buying a house or land, check out the Department of Real Estate’s
maps which show current investigations.
They also post
red flags -things to watch out for that could be a possible illegal subdivision.
