HomeMy WebLinkAboutcoa.apz.min.041658Amendment approved
l06~2-22. Approval-Mrecording--penalty~-
All plans of streets or highways for public use, and all plans, plats,
plots and replots of land laid in subdivision or building lots, and
the streets highways alleys or other portions of the same intended to
be dedicated to public use, or the use of purchasers or owners of lots
fronting thereon or adjacent thereto, located within the county limits,
except those located within any city or town within the counties, shall
be submitted to the district planning commission if located within a
planning district, and if not so located, then to the county planning
commission, if one had been created, and approved by such commission
before they shall be recorded. It shall not be l..ful to receive or
record any such plan or plat in any public office, unless the same shall
have thereon by endorsement or otherwise the approval of such commission.
If any plans. plats, plots, and replots have been recorded prior to the
effedtive date of this article without bearing thereon by endorsement
or otherwise the approval of such commission, then the district planning
commission or the county planning commission may by resolution approve
such plan, plat, plot or replot, and when such resolution, or a true
and correct copy thereof is recorded, it shall have the seme effect
as if approval had been endorsed thereon before recording of said plan,
plat, plot or replot. The approval of such plan or plat by such
commission shall not be deemed an acceptance of the proposed dedication
by the public. Such acceptance, if any, shall be given by action of
the board of county commissioners. The owners and purchaser of such
lots shall be conclusively presumed to have notice of public plans,
maps, and reports of such commission affecting such property within
its jurisdiction.
Whoever, being the owner or agent of the owner of any lend located
within a subdivision, transfers or sells or agrees to sell or negotiate
to sell any land by reference to .or exhibition of or by use of a plan or
plat of a subdivision, before such plan or plat has been approved by
any such planning commission and recorded or filed in the office of the
county recorder, shall forfeit and pay a penalty of one hundred dollars
for each lot or parcel so transferred or sold or agreed or negotiated
to be sold. The description of such lot or parcel by metes and bounds
in the instrument of transfer or other document used in the process
of selling or transferring shall not exempt the transaction from such
penalties or from the remedies provided in this section. The county
may enjoin such transfer or sale or agreement by action for injunction
brought in any court of equity jurisdiction or may recover the said
penalty by civil action in any court of competent jurisdiction.
SOURCE: L.39, p.307Sec.22;CSA,C. 45A, Sec. 22'; L.53, p.226, Sec. 2
EDITORS NOTE: Amendment approved April 16, 1958 concerning effictive
date proviso herein.