Section 11-52-33 Remedies and penalty for transfer, sale, etc., of lands in subdivision prior to approval of plat thereof by planning commission.
Section 11-52-33
Remedies and penalty for transfer, sale, etc., of lands in subdivision prior to approval of plat thereof by planning commission.
Whoever, being the owner or agent of the owner of any land located within a subdivision, transfers or sells or agrees to sell or negotiates to sell any land by reference to or exhibition of or by other use of a plat of a subdivision before such plat has been approved by the planning commission and recorded or filed in the office of the appropriate county probate office shall forfeit and pay a penalty of $100.00 for each lot or parcel so transferred or sold or agreed or negotiated to be sold, and 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 municipal corporation may enjoin such transfer or sale or agreement by a civil action for injunction brought in any court of competent jurisdiction or may recover the same penalty provided in this section by a civil action in any court of competent jurisdiction.
(Acts 1935, No. 534, p. 1126; Code 1940, T. 37, §800.)