House Bill No. by Representative Muscarello amends and reenacts R.S. 33:5052 and repeals R.S. 33:5053, focusing on the certification and validity of recorded instruments affecting subdivisions. The bill establishes that any act of sale, deed, plat, map, or other instrument filed for recordation in the conveyance records of a parish will serve as a certification by the filer that the instrument complies with all applicable statutory and local requirements. If an instrument does not meet these requirements, it will be considered void ab initio, meaning it has no legal effect from the outset, regardless of when the defect is discovered. Additionally, the bill clarifies that the invalidity of such instruments cannot be remedied through prescription.

The proposed law introduces significant penalties for violations, including civil penalties ranging from $500 to $5,000 for knowingly filing non-compliant documents, as well as potential criminal prosecution for filing a false public record. The bill also ensures that the rights of third parties who acquire property in good faith reliance on properly approved and recorded documents are protected, while maintaining the enforcement capabilities of governing authorities regarding subdivision and zoning regulations.

Statutes affected:
HB793 Original: