State Ex Rel. Anaya v. Select Western Lands, Inc.

(specially concurring).

I specially concur.

Section 47-6-27(A) reads:

Any person who sells or leases land that is a part of a subdivision before the plat has been approved and recorded . is guilty of a misdemeanor

To find defendant guilty, the State must prove that defendant (1) owned a piece of land; (2) prepared a plat that divided the land into a subdivision; and (3) sold land that was a part of the subdivision platted before the plat had been approved and recorded. If defendant had no duty to prepare a plat, defendant was not guilty.

Section 47-6-3 reads:

Any person desiring to subdivide land…