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10d-3
10D.3 ENFORCEMENT -- PENALTIES.
1. The office of attorney general or a county attorney shall
enforce the provisions of this chapter.
2. A person who violates a provision of this chapter shall be
subject to all of the following:
a. The person shall be assessed a civil penalty of not more
than twenty-five thousand dollars. Each day that a violation exists
constitutes a separate offense.
b. The person shall be divested of any land held in violation
of this chapter within one year after judgment. The court may
determine the method of divesting an interest held by a person found
to be in violation of this chapter. A financial gain realized by the
person that disposes of an interest held in violation of this chapter
shall be forfeited.
c. The person shall pay all court costs and fees associated
with any enforcement action which shall be taxed as court costs.
3. If the attorney general is the prevailing party, the moneys
required to be paid or forfeited by a person who violates a provision
of this chapter shall be deposited in the general fund of the state.
If the county attorney is the prevailing party, the moneys shall be
deposited in the general fund of the county.
4. The courts of this state may prevent and restrain violations
of this chapter through the issuance of an injunction. The attorney
general or a county attorney shall institute suits on behalf of the
state to prevent and restrain violations of this chapter.
5. A person who is in violation of this chapter shall not be
subject to an enforcement action other than as provided in this
section. Section History: Recent Form
2002 Acts, ch 1028, §5, 6
