WILLIAM DONALD SCHAEFER, Governor Ch. 519

CHAPTER 519

(House Bill 722)

AN ACT concerning

Frederick County - Real Property Transfers - Lots in
Unapproved Subdivisions

FOR the purpose of exempting the transfer, sale, or negotiation
of certain unapproved real property in Frederick County from
certain requirements under certain conditions; and generally
relating to the transfer, sale, or negotiation of real
property in Frederick County.

BY repealing and reenacting, with amendments,

Article 66B - Zoning and Planning

Section 5.05

Annotated Code of Maryland

(1988 Replacement Volume and 1988 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article 66B - Zoning and Planning

5.05.

(a) Except as provided in [subsection] SUBSECTIONS (b) AND
(C) of this section, whoever, being the owner or agent of the
owner of any land 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 other use of a plat of a subdivision,
before the plat has been approved by the planning commission and
recorded or filed in the office of the appropriate county clerk,
shall forfeit and pay a civil penalty of not less than $200 and
not more than $1,000 in the discretion of the court, for each lot
or parcel so transferred or sold or agreed or negotiated to be
sold; and the description of the lot or parcel by metes and
bounds in the instrument of transfer or other document used in
the process of selling or transfer or other document used in the
process of selling or transferring shall not exempt the
transaction from the penalties or from the remedies herein
provided. The county or municipal corporation may enjoin the
transfer or sale or agreement by action for injunction brought in
any court of equity jurisdiction or may recover the penalty by
civil action in any court of competent jurisdiction.

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