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RELEVANT LINKS: <br />See Section VIII -B-2 City <br />option to grant waivers for <br />information on waivers. <br />Minn. Stat. § 462.358 subd. <br />4b. <br />A.G. Op. 373-B-9 (Feb. 1, <br />1977). <br />Minn. Stat. § 462.358 subd. <br />4b (d), (e). <br />If the newly recorded land is the result of a subdivision, the seller must <br />attach one of the following to the instrument of conveyance: <br />• A recordable certification by the clerk of the municipality that the city's <br />subdivision regulations do not apply, or that the subdivision has been <br />approved by the governing body, or that the restrictions on the division <br />of taxes and filing and recording have been waived by resolution of the <br />governing body of the municipality. <br />• A statement which names and identifies the location of the appropriate <br />municipal offices and advises the grantee that municipal subdivision and <br />zoning regulations may restrict the use or restrict or prohibit the <br />development of the parcel, or construction on it, and that the division of <br />taxes and the filing or recording of the conveyance may be prohibited <br />without prior recordable certification of approval, non -applicability, or <br />waiver from the municipality. <br />A buyer who purchases illegally subdivided land may bring a lawsuit against <br />the seller alleging misrepresentation of or the failure to disclose material <br />facts under this statute. A buyer with a successful lawsuit may be awarded <br />damages, reasonable costs and fees (including attorney fees), and punitive <br />damages up to 5 percent of the purchase price of the land. <br />B. Restrictions on filing and recording <br />conveyances <br />In a city that has adopted and recorded subdivision regulations with the <br />county recorder, no conveyance of land to which the regulations are <br />applicable may be filed or recorded if the conveyance does not demonstrate <br />conformance to the regulations. A few exceptions to this law apply to: <br />• Some transactions entered into before 1945, but not previously recorded. <br />• Single parcels of commercial or industrial land of not less than five acres <br />and having a width of not less than 300 feet where the conveyance does <br />not result in the division of the parcel into two or more lots or parcels, <br />any one of which is less than five acres in area or 300 feet in width. <br />• Single parcels of residential or agricultural land of not less than 20 acres <br />and having a width of not less than 500 feet where the conveyance does <br />not result in the division of the parcel into two or more lots or parcels, <br />any one of which is less than 20 acres in area or 500 feet in width. <br />1. Enforcement <br />Any owner or agent of the owner of land who conveys a lot or parcel in <br />violation of this state law may be required to pay to the city a penalty of not <br />less than $100 for each lot or parcel so conveyed. In addition, the city may <br />ask a court to stop or prevent the conveyance or may recover the penalty by <br />filing suit in court. <br />League of Minnesota Cities Information Memo: <br />Subdivision Guide for aties <br />4/15/2014 <br />Page 30 <br />