SB349 Alabama 2014 Session

Summary

Primary Sponsor

Trip Pittman

Republican

Session

Regular Session 2014

Title

Subdivisions, contracts to pre-sale lots prior to recording plat, laws applicable to counties and municipalities amended and made consistent, Secs. 11-19-1, 11-19-15, 11-24-1, 11-24-2, 11-24-3, 11-52-1, 11-52-33 am'd.

Summary

SB349 would let contracts to buy or sell lots planned for development dodge local subdivision regulations, but require plat approval and recording before any actual conveyance, while harmonizing subdivision rules across counties and cities.

What This Bill Does

If passed, the bill would exclude contracts to purchase or sell lots that are planned for development from county and municipal subdivision regulations. It would still require that the subdivision plat be approved and recorded before a lot can be conveyed to a third party. The bill also aligns definitions and procedural terms across county and municipal subdivision laws. It additionally clarifies that contracts entered after the act’s effective date are governed by these rules, while not retroactively validating pre-existing contracts, and it preserves certain pre-approval reservation/sale activities.

Who It Affects

• Developers and landowners planning subdivisions: they could enter into contracts to purchase or sell lots before plat approval without being bound by the full subdivision regulations, though actual transfer would occur only after plat approval and recording.
• Buyers and other third-party purchasers: they may enter into pre-plat contracts for lots planned for development, with transfers contingent on plat approval and recording; local governments would apply standardized definitions and enforcement procedures across laws.

Key Provisions

• Exemption: County and municipal subdivision laws would not apply to contracts to purchase or sell lots that are planned to be developed, subject to plat approval and recording before conveyance to a third party.
• Plat approval/recording requirement: A lot cannot be conveyed until the subdivision plat has been approved by the appropriate authority and recorded; the process may include required bonds, notices, and fees as part of permit to develop.
• Consistency of definitions: Definitions for terms like subdivision and development are amended to be consistent across Sections 11-19-1, 11-24-1, 11-24-2, 11-24-3, 11-52-1, and 11-52-33 between county and municipal laws.
• Enforcement and penalties: Existing penalties and enforcement mechanisms for noncompliance with subdivision regulations remain, including fines per lot and injunctive relief, with enforcement aligned across the amended provisions.
• Effective date and scope: The act takes effect immediately after signature and applies to contracts entered after that date; it does not validate contracts entered before the effective date.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Property, Real and Personal