HF 273

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/09/2023 08:53pm

A bill for an act
relating to local government; establishing procedures for a county to alter a
preexisting boundary line; requiring counties to restore and perpetuate United
States public land survey monuments; amending Minnesota Statutes 2022, sections
381.12, subdivision 1; 508.671, by adding a subdivision; 559.23.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 381.12, subdivision 1, is amended to read:

Subdivision 1.

Surveyor, employment.

When the county board determines that the
monuments established by the United States in the public lands survey to mark public land
survey corners have been destroyed or are becoming obscure, it deleted text begin may deleted text end new text begin must new text end employ a land
surveyor licensed under chapter 326 to perpetuate said corners with durable magnetic
monuments. The land surveyor shall make full and accurate notes and records from which
the entire survey can be retraced, and, no later than one year after perpetuating the corners,
shall file the records of such survey and a certificate of location of government corner for
each corner, prepared in compliance with subdivision 3. The land surveyor shall file the
records and certificate in the office of the county surveyor if an office is maintained in a
building maintained by the county for county purposes on a full-time basis, and if not, the
land surveyor shall record them in the office of the county recorder. The monuments are
prima facie evidence of the original United States public land survey corners.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2022, section 508.671, is amended by adding a subdivision to
read:

new text begin Subd. 4. new text end

new text begin Preestablished boundary lines. new text end

new text begin A county that seeks to alter a preestablished
boundary line when there is no pending action under subdivisions 1 and 2 must file a petition
with the court administrator to alter the boundary line. The county must file, record, and
provide notice of the petition in the same manner required under subdivision 1. Following
the final determination of the court, the court and the county must issue, file, and record a
copy of the final order in the same manner required under subdivisions 2 and 3. The county
is responsible for expenses related to surveying lands and expenses related to filing and
recording the petition and final order.
new text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective August 1, 2023, and
applies to actions pending on or commenced on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2022, section 559.23, is amended to read:

559.23 ACTION TO DETERMINE BOUNDARY LINES.

new text begin (a) new text end An action may be brought by any person owning land or any interest therein against
the owner, or persons interested in adjoining land, to have the boundary lines established;
and when the boundary lines of two or more tracts depend upon any common point, line,
or landmark, an action may be brought by the owner or any person interested in any of such
tracts, against the owners or persons interested in the other tracts, to have all the boundary
lines established. If a boundary line is in common with registered land, the determination
of the boundary must be made pursuant to section 508.671. The court shall determine any
adverse claims in respect to any portion of the land involved which it may be necessary to
determine for a complete settlement of the boundary lines, and shall make such order
respecting costs and disbursements as it shall deem just. The decree of the court shall be
filed with the court administrator, and a certified copy thereof shall be recorded in the office
of the county recorder; provided that such decree shall not be accepted for such recording
or filing until it shall be presented to the county auditor who shall enter the same in the
transfer record and note upon the instrument over the auditor's official signature the words
"ENTERED IN THE TRANSFER RECORD."

new text begin (b) A county that seeks to alter a preestablished boundary line when there is no pending
action under paragraph (a), must file a petition to alter the boundary line pursuant to section
508.671, subdivision 4.
new text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective August 1, 2023, and
applies to actions pending on or commenced on or after that date.
new text end

Sec. 4. new text begin ASSESSMENT AND PRESERVATION OF MONUMENTS REQUIRED.
new text end

new text begin On or before December 31, 2025, a county must conduct a comprehensive assessment
of monuments established by the United States in the public land survey that exist within
the boundaries of the county. On or before December 31, 2026, a county must preserve and
restore all monuments that are destroyed or obscured in accordance with the requirements
and procedures of Minnesota Statutes, section 381.12, subdivision 2, in excess of $........
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end