(SB 90)

Approval of plats, procedure revised.

         ENTITLED, An Act to  revise certain provisions regarding the approval of plats and the format standards for certain real estate documents recorded with the register of deeds.


     Section  1.  That § 11-3-6 be amended to read as follows:

     11-3-6.   The provisions of this chapter apply to every addition to, or subdivision within, any county, municipality , or unincorporated town. If the land or any part of the land included in any addition or subdivision is within, adjoining, or contiguous to the boundaries of any municipality, the plat, before being recorded, shall be submitted to the governing body or, if applicable, the planning director of the municipality. If it appears that the system of streets set forth therein conforms to the system of streets of the existing plats of the municipality, that all provisions of any subdivision regulations have been complied with, that all taxes and special assessments upon the tract or subdivision have been fully paid, and that such plat and the survey thereof have been executed according to law, the governing body shall, by resolution, approve the plat. The governing body may by resolution designate an administrative official of the municipality to approve plats in lieu of approval by the governing body. The auditor or finance officer shall endorse on the face of the plat a copy of the resolution or the designated administrative official's approval and certify to the same. No plat of any such addition or subdivision so situated is entitled to record or may be recorded unless the plat bears on its face a copy of the resolution or approval and certificate of the auditor or finance officer. If the designated administrative official denies the plat request, the person requesting the plat may appeal to the governing body.

     Section  2.  That § 43-28-23 be amended to read as follows:

     43-28-23.   Any real estate document recorded with the register of deeds, except for plats, shall:

             (1)      Consist of one or more individual sheets measuring no larger than 8.5 inches by 14 inches and no smaller than 8.5 inches by 11 inches. No sheet may be attached or affixed to a page that covers up any information or printed material on the document. Any continuous document or any document sheets that are stapled, glued, or bound together are subject to the additional fee established pursuant to subdivision 7-9-15(1);

             (2)      Be printed, typewritten, or computer generated in black ink and the print type of the document may not be smaller than 10-point type . However, the signature and date may be made on the document in black or blue ink ;

             (3)      Be on white paper of not less than twenty pound weight;

             (4)      Contain a blank space at the top measuring no less than three inches as measured from the top of the first page. The right half shall be used by the register of deeds for recording information and the left half shall be used by the document preparer as required pursuant to § 7-9-1 and may include a return designation and address. All other margins shall be a minimum of one inch;

             (5)      Have a title prominently displayed at the top of the first page below the blank space referred to in subdivision (4) of this section;

             (6)      Be sufficiently legible to reproduce a readable copy using the register of deed's current method of reproduction; and

             (7)      Conform to the standards provided in this section or be subject to the increased fees as provided in § 7-9-15.

     However, the register of deeds may not charge an increased fee for any document that has a seal or stamp in a margin. Any affidavit of publication, corner record, survey, certified court or governmental document, and UCC form recorded against real estate is exempt from the provisions of this section. Any plat or survey and certified vital record attached to documents is also exempt from the provisions of this section.

     The provisions of this section do not apply to any real estate document prepared and executed prior to July 1, 2002.

     Signed February 22, 2006