§ 543C.7 — Prosecution

Iowa § 543C.7

• Jurisdiction: Iowa
• Title XIII: COMMERCE
• Ch. 543C: SALES OF SUBDIVIDED LAND OUTSIDE OF IOWA

Text

1. Theattorneygeneralshallprosecuteallviolationsofthischapter. Prosecutionsshallbe
instituted by the attorney general upon the written request of the commission. In all criminal
proceedings the attorney general may appear before any court or any grand jury and exercise
all the powers and perform all the duties in respect to such actions or proceedings which
the county attorney would otherwise be authorized or required to exercise or perform. In
lieu thereof the attorney general may transmit evidence, proof, and information pertaining
to such offense to the county attorney of the county in which the alleged violation occurred,
and such county attorney shall prosecute for such violation. In any such proceeding in which
the attorney general has appeared, the county attorney shall only exercise such powers and
perform such duties as are required by the attorney general. The attorney general shall,
within ten days after a conviction for a violation of any provision of this chapter, file with
the commission a detailed report showing the date of the conviction, name of the person
convicted, and the specific nature of the charge.
2. Whenever it appears to the commission that any person, officer, director, agent, or
employeeofacompany, firm, partnership, association, orcorporationofferingtosellorlease,
or selling or leasing, subdivided land, has committed or is about to commit a violation of this
chapter or any rule or order issued by the commission hereunder, the commission may apply
to the district court of the county in which the principal office of the subdivider is located or
if such subdivider has no such office in this state then to the district court of Polk county for
an order enjoining such subdivider or such officer, director, agent, or employee thereof from
§543C.7, SALES OF SUBDIVIDED LAND OUTSIDE OF IOWA 6
violating or continuing to violate this chapter or any such rule or order, and for such other
equitable relief as the nature of the case and the interests of the public may require.
3. Any false statement contained in any statement filed with the commission pursuant
to the requirements of this chapter, or in any affidavit attached thereto, shall constitute a
violation of this chapter.
4. In any action brought under the provisions of this chapter, the attorney general is
entitled to recover costs for the use of this state.

Legislative History

[C75, 77, 79, 81, §117A.7]