S.B. 97

1

COSTS FOR UNLAWFUL SUBDIVISION OF LAND
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: LeRay McAllister
5 AN ACT RELATING TO CITIES AND TOWNS AND COUNTIES; IMPOSING CIVIL
6 LIABILITY FOR IMPROPERLY RECORDED SUBDIVISION PLATS.
7 This act affects sections of Utah Code Annotated 1953 as follows:
8 AMENDS:
9 10-9-811, as last amended by Chapter 180, Laws of Utah 1995
10 17-27-811, as enacted by Chapter 235, Laws of Utah 1991
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 10-9-811 is amended to read:
13 10-9-811. Prohibited acts -- Liability for improperly recorded subdivision plat.
14 (1) (a) A county recorder may not record a plat of a subdivision without the approval of
15 the governing body.
16 (b) A plat of a subdivision recorded without the approval of the governing body required
17 by this part is void.
18 (2) (a) An owner or agent of the owner of any land located in a subdivision, as defined in
19 this chapter, who transfers or sells any land in that subdivision must disclose to the transferee or
20 purchaser the location, width, and restrictions of a right-of-way and easement of record within the
21 subdivision, or before a plan or plat of the subdivision has been approved and recorded.
22 (b) The description by metes and bounds in the instrument of transfer or other documents
23 used in the process of selling or transferring does not exempt the transaction from being a violation
24 or from the penalties or remedies provided in this chapter.
25 (3) Each person who causes a plat of a subdivision to be recorded by the county recorder
26 in violation of this part shall be liable to each subsequent owner of the property that is the subject
27 of the plat for resulting financial loss, including court costs and reasonable attorney's fees.

1 Section 2. Section 17-27-811 is amended to read:
2 17-27-811. Penalties -- Liability for improperly recorded subdivision plat.
3 (1) (a) Any county recorder who files or records a plat of a subdivision without the
4 approvals required by this part is guilty of a misdemeanor.
5 (b) Any plat of a subdivision filed or recorded without the approvals required by this part
6 is void.
7 (2) (a) Any owner or agent of the owner of any land located in a subdivision as defined
8 in this part who transfers or sells any land in that subdivision before a plan or plat of the
9 subdivision has been approved and recorded as required in this part is guilty of a violation of this
10 part for each lot or parcel transferred or sold.
11 (b) The description by metes and bounds in the instrument of transfer or other documents
12 used in the process of selling or transferring does not exempt the transaction from a violation or
13 from the penalties or remedies provided in this part.
14 (3) Each person who causes a plat of a subdivision to be recorded by the county recorder
15 in violation of this part shall be liable to each subsequent owner of the property that is the subject
16 of the plat for resulting financial loss, including court costs and reasonable attorney's fees.




Legislative Review Note
as of 10-2-96 8:17 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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