Development and Sale of Real Property for Residential or Commercial Purposes in a Manner Exempt From Municipal or County Subdivision Regulations — Required Recording of Boundary Survey — Failure to Comply
Development and Sale of Real Property for Residential or Commercial Purposes in a Manner Exempt From Municipal or County Subdivision Regulations — Required Recording of Boundary Survey — Failure to Comply
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If any person develops real property for residential or commercial purposes in a manner which exempts such development from the subdivision regulations of any county or municipality and then sells, transfers or enters into agreements or contracts for the sale of more than two (2) parcels of real property in such development in any calendar year, then such person must record a boundary survey showing the proposed development of the land within thirty (30) days of the sale of the second such parcel of real property.
Prima facie evidence of such development includes, but is not limited to, the construction of buildings, the opening of private driveways or the extension of utility services.
There is hereby created a civil cause of action for failure to record a boundary survey showing the proposed development of land as provided in this section for any person who discovers such noncompliance. A prevailing plaintiff shall be entitled to liquidated damages in an amount of one hundred dollars ($100) or the cost of obtaining a survey on such property, whichever is greater, plus reasonable attorneys' fees and costs.
This section shall only apply in counties having a population of not less than twenty-one thousand five hundred seventy-five (21,575) nor more than twenty-one thousand six hundred seventy-five (21,675) according to the 1980 federal census or any subsequent federal census.