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<br /> PLANNING, ZONING § 462.3�g ' � '
<br /> NNING, ZONING �.
<br /> Subd. 4a. Disclosure by seller; buyer's action for damages. A person conveying a 'k�
<br /> �oses stated in this new parcel of land which, or the plat for which, has not previously been filed or recorded, !�
<br /> and which is part of or would constitute a subdivision to which adopted municipal �;�:
<br /> subdivision regulations apply, shall attach to the instrument of conveyance either: (a) i�'
<br /> ision creating par- recordable certification by the clerk of the municipality that the subdivision regulations do 1,
<br /> not apply, or that the subdivision has been approved by the governing body, or that the i"
<br /> �at all subdivisions restrictions on the division of taxes and filing and recording have been waived by
<br /> ss in size shall be �' �
<br /> ipter 505 but may resolution of the governing body of the municipality in this case because compliance will �: �
<br /> create an unnecessary hardship and failure to comply will not interfere with the purpose !
<br /> of the regulations; or (b) a statement which names and identifies the location of the '
<br /> aions regarding the appropriate municipal offices and advises the grantee that municipal subdivision and
<br /> d final review and zoning regulations may restrict the use or restrict or prohibit the development of the ��
<br /> such reviews with parcel, or construction on it, and that the division of taxes and the filing or recording of �
<br /> ay provide for the the conveyance may be prohibited without prior recordable certification of approval,
<br /> pproval of subdivi- - nonapplicability,or waiver from the municipality. In any action commenced by a buyer of
<br /> �arts of subdivision such a parcel against the seller thereof, the misrepresentation of or the failure to disclose
<br /> v proposals to the �y material facts in accordance with this subdivision shall be grounds for damages. If the
<br /> 'ne decision of the ` buyer establishes a right to damages, a district court hearing the matter may in its
<br /> �v or charter. The ; discretion also award to the buyer an amount sufficient to pay all or any part of the costs
<br /> Gvision applications � incurred in maintaining the action, inciuding reasonable attorney fees, and an amount for
<br /> irter. The hearing ' punitive �damages not exceeding five per centum of the purchase price of the land.
<br /> �reof in the official gubd. 4b. Restrictions on filing and recording conveyances. In a municipality in
<br /> iearing, all persons ryhich subdivision regulations are in force and have been filed or recorded as provided in
<br /> �division applica.tion this section, no conveyance of land to which the regulations are applicable shail be filed or
<br /> ving delivery of an recorded, if the land is described in the conveyance by metes and bounds or by reference
<br /> the applicant to the � an unapproved registered land survey made after April 21, 1961 or to an unapproved
<br /> agreed to by:the plat made after such regulations become effective. The foregoing provision does not
<br /> the municipality do apply to a conveyance if the land described: . ,�
<br /> 311 within ten days
<br /> ►ly to the particular (1) was a separate parcel of record April 1; 1945 or the date of adoption of subdivision
<br /> � regulations under Laws.1945, Chapter 287, whichever is the later, or of the adoption of
<br /> ails to preliminarily, subdivision regulations pursuant to a home rule charter, or. ,. , ,: ;;-:
<br /> a p plication shall be (2) was the subject of a written agreement to convey entered into prior to such time,
<br /> ty shall execute a (3);was a separate parcel of.not less than 2-1/2 acres in area;and 150.feet w width on
<br /> it may request final January 1, 1966, or: . :--: :;:_ .. . _ _.; _ :, - . ... „-_.
<br /> y shall.certify final. (4) was a separate parcel of not less than �ve acres in area and 300-feet m width on
<br />�s.and i�eguirements July 1;,1980„or .�>,` :� : � :.: . _.--�< .:;� _ ; .':' �.; ::.;,�
<br />�ich;the prelimuiary� : . _ ... , ..,,�.... �
<br /> execut�on.of:appro- {5)'is a�single.parcel of commercial nr�industrial land of not•less than five acres and
<br /> ils`to .certify__final � �having a width of not less than 300 feet and its coriveyance dces�not iesult in the division
<br /> all conditions and of the�parcel into two'or more lots,or parcels, any one of which,is,.less than five acres_in
<br /> i upon��emand the area or 300 feet.in'width, or "' " " , � � � � �
<br /> proval a subdivision ` (6) is a single pazcel of.residential.or agricultural land of not less than`20 acres:and j'
<br /> �� having a width of not less than-.500 feet and its conveyance does not result in tlie.division �
<br />�ing prehminary,ap- of the parcel into�-two or more lots or parcels, any one of which is less than 20 acres in �
<br /> ider and the munici- �' area or 500 feet in'width ,�-" . . . , :'. ;
<br />�fficial control shall In any case in which compliance with the foregoing restrictions will cieate an unneces-
<br /> ut, or dedication or ` sary hardship and failure to comply does not interfere with the purpose of.the subdivision ;
<br />:ter, pursuant to its regulations,the platting'authority may waive such compliance by adoption of a resolution j-
<br /> h the.subdivider and to that effect and the conveyance may then be filed or recorded.•: Any owner or agent of
<br />, or it may require� the owner .of land.�who conveys a lot or parcel in:violation of •the provisions of. this
<br /> and investment has . subdivision'shall forfeit and'pay to the municipality a penalty of not less than$100 for
<br /> zbdivider will suffer. each lot or parcel so conveyed. A municipality may enjoin such conveyance'`or-may
<br />� to submit_a;new recover such penalty by a civil action in any court of competent jurisdiction. '
<br /> ataged development, - gubd. 5. _Perniits. -Except'as otherwise provided by this section all electric and gas
<br /> ferred to herein for distribution lines or piping, roadways, curbs, walks and other similar improvements shall
<br /> i be reasonable and: be constructed only on a street, alley, or other public way or easement .which is
<br /> �� � designated on an approved plat, or properly indicated on the official map of the
<br />:. � _ . _ _ .. 133
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