|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
PARRIS N. GLENDENING, Governor
|
|
|
|
|
|
Ch. 426
|
|
|
|
|
|
|
|
|
|
|
|
|
|
5.05. Sale or transfer of lots in unapproved subdivisions!; special provisions as to
Charles, St. Mary's, Frederick, and Carroll Counties).
(a) Except as provided in [subsections (b) through (d) of this section) §§
14.03(C), 14.05(F), 14.06(D), AND 14.07(E) AND (F) OF THIS ARTICLE, [whoever, being the)
AN owner or agent of [the] AN owner of [any] land located within a subdivision WHO
transfers or sells or agrees to sell or negotiate to sell any land by reference [to or] TO,
exhibition [of] 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] BE SUBJECT TO a civil penalty of not
less than $200 and not [more than) EXCEEDING $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].
(B) THE description of [the] A 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] DOES not
exempt the transaction from the penalties or [from] the remedies [herein] provided
IN THIS SECTION.
(C) [The county or municipal corporation] A LOCAL JURISDICTION MAY SEEK
TO:
(1) [may enjoin] ENJOIN the [transfer or sale] TRANSFER, SALE, or
agreement [by action for injunction brought] in any court of [equity jurisdiction)
EQUITY; or
(2) [may recover] RECOVER the penalty by civil action in [any] A court
of competent jurisdiction.
DRAFTER'S NOTE: This section is derived without substantive change from
former § 5.05(a) of this article.
Former subsection (b) of this section as it related to Charles County is
transferred without substantive change to § 14.05(f) of this article.
Former subsection (b) of this section as it related to St. Mary's County is
added without substantive change to § 14.07(e) of this article.
Former subsection (c) of this section, as it related to Carroll County, is
transferred without substantive change to § 14.03(c) of this article.
Former subsection (c) of this section, as it related to Frederick County, is
added without substantive change to § 14.06(d) of this article.
In subsection (c) of this section, the defined term "local jurisdiction" is
substituted for the former reference to "county or municipal corporation"
for consistency throughout the article.
Former subsection (d) of this section is transferred without substantive
change to § 14.07(f) of this article.
|
|
|
|
|
|
|
|
|
|
- 2339 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
