ADRE LAW BOOK 2025

of any real property. J. Before offering subdivided lands for lease or sale, the subdivider who makes any promises through any form of advertising media that the subdivided lands will be exclusively a retirement commu nity or one that is limited to the residency of adults or senior citizens shall include the promises in the deed restrictions affecting any interest in real property within the subdivided lands. K. Except as otherwise provided in this section, a subdivider shall not be required to disclose items that are over one mile from the subdivision boundaries. The existence of foreign nations or tribal lands shall also be disclosed if located within the one mile radius of the subdivision boundaries. 32-2181.01. Power of commissioner to exempt certain subdivisions or fractional interests by special order A. The commissioner may in his discretion by special order exempt from any one or all of the pro visions of this article certain subdivided lands or fractional interests therein upon written petition and upon a showing by the petitioner, satisfactory to the commissioner, that compliance with the provisions of this article is not essential to the public interest or for the protection of buyers by reason of the special characteristics of the subdivided lands or fractional interests therein or the limited character and duration of the offer for sale, lease or financing or the special characteristics or limited number of fractional interests. B. Special orders issued pursuant to this section shall relate to specific lands or specific fractional interests. C. A petition filed under this section shall be accompanied by an initial fee of one hundred dollars. No fees shall be returnable irrespective of the nature of the action upon the petition. 32-2181.02. Exempt sales and leases A. The following are exempt under this article: 1. The sale or lease in bulk of six or more lots, parcels or fractional interests to one buyer in one transaction. 2. The sale or lease of lots or parcels of one hundred sixty acres or more. B. The following are exempt from section 32-2181, subsection A and section 32-2183, subsection A: 1. The sale or lease of parcels, lots, units or spaces that are zoned and restricted to commer cial or industrial uses. 2. The sale or lease of lots or parcels located in a single platted subdivision by a subdivider if: (a) A public report has been issued within the past five years pursuant to this article on the subdivision lots or parcels. (b) The subdivision meets all current requirements otherwise required of a subdi vision under this article. (c) The method of sale or lease of lots or parcels meets all current requirements under this article. (d) The lots or parcels are included on a recorded subdivision plat that is approved by a municipal or county government. (e) All roads within the subdivision, all utilities to the lots or parcels being offered for sale or lease and all other required improvements within the subdivision, other than a residence to be built, are complete, paid for and free of any blanket encum

69