32-2182. Examination of subdivision by
commissioner; fee
A. The commissioner shall examine any subdivision offered for sale or lease, and
shall make public his findings. The total cost of travel and subsistence expenses
incurred by the department in the examination, in addition to the initial filing fee
provided for in this section, shall be borne by the subdivider on the basis of actual
cost to the department. A filing fee of five hundred dollars or such lesser fee as
determined by the commissioner shall accompany the written notification required in
section 32-2181.
B. The commissioner may, but is not required to, inspect a subdivision site if all
of the following apply:
1. The commissioner has previously inspected the subdivision within the past two
years.
2. All proposed improvements were complete at the time of the previous inspection.
3. The sales offering does not include any changes to the physical aspects of the
subdivision, including the plat, site and locations of improvements.
C. The commissioner is not required to complete the inspection of the subdivision
site before issuing a public report. Nevertheless, if the commissioner discovers
anything during any subsequent inspection that would have been grounds to deny issuance
of the public report or anything that would have warranted additional disclosure in the
public report, the commissioner may issue a summary order as provided in section 32-2157
and take whatever other action he deems necessary to ensure compliance with the
subdivision laws of this state.
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