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HF 478

2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 2nd Engrossment

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A bill for an act
relating to counties; providing for alternative filing
of surveys; modifying requirements for land surveyors;
providing for a transfer of records; amending
Minnesota Statutes 2004, sections 160.15, subdivision
4; 381.12, subdivisions 1, 3; 389.03.

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

Section 1.

Minnesota Statutes 2004, section 160.15,
subdivision 4, is amended to read:


Subd. 4.

Filing of certificate; fee.

The land surveyor
placing and establishing the markers or monuments shallnew text begin, no
later than one year after placing and establishing them,
new text endfile a
certificate to that effect in the office of the deleted text begincounty recorder,
or in the office of the
deleted text endcounty surveyor deleted text beginwhere deleted text endnew text begin, if new text endthe county
maintains a full-time office, in the county or counties deleted text beginwherein
deleted text endnew text begin in which new text endthe markers or monuments were placed. new text beginIf a county in
which the markers or monuments were placed does not have a
full-time office of the county surveyor, then the land surveyor
shall record the certificate in the office of the county
recorder of that county.
new text endEach certificate must contain only the
record of markers and monuments at one corner. deleted text beginThe county
recorder may charge a fee of 50 cents for each certificate filed.
deleted text end

[EFFECTIVE DATE; APPLICATION.] new text begin This section is effective
August 1, 2005, and applies to markers and monuments placed and
established on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2004, 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 section, quarter
section, and meander corners have been destroyed or are becoming
obscure, it may employ a licensed surveyor to preserve, restore
and mark the corners with a durable magnetic monument. The
surveyor shall make full and accurate notes and records from
which the entire survey can be relocated, and shallnew text begin, no later
than one year after preserving, restoring, and marking the
corners,
new text endfile a certified copy of the same, with a plat, in the
office of the county deleted text beginrecorder or the office of the county
deleted text end surveyor if an office is maintained in a building maintained by
the county for county purposes on a full-time basisnew text begin, and if not,
shall record it in the office of the county recorder
new text end. The
monuments are prima facie evidence of the original United States
public land survey corners.

[EFFECTIVE DATE; APPLICATION.] new text begin This section is effective
August 1, 2005, and applies to corners preserved, restored, and
marked on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2004, section 381.12,
subdivision 3, is amended to read:


Subd. 3.

U.s. public land survey monument record.

(a) A
United States public land survey monument record must be
prepared as part of any land survey which includes or requires
the perpetuation or restoration of a United States public land
survey corner and one of the following conditions exists:

(1) there is no United States public land survey monument
record for the corner on file in the office of the county
surveyor or the county recorder for the county in which the
corner is located; or

(2) the land surveyor who performs the survey accepts a
position for the United States public land survey corner which
differs from that shown on a United States public land survey
monument record filed in the office of the county surveyor where
the county maintains a full-time office, or in the office of the
county recorder for the county in which the corner is located;
or

(3) the witness ties referred to in an existing United
States public land survey monument record have been destroyed.

(b) A United States public land survey monument record must
be prepared on a certificate of location of government corner,
as specified in section 160.15, subdivision 5.

(c) A United States public land survey monument record must
show the position of the corner and must include all the
following elements:

(1) the identity of the corner, as referenced to the United
States public land survey system;

(2) a description of any record evidence, monument
evidence, occupational evidence, testimonial evidence, or any
other material evidence considered by the surveyor, and whether
the monument was found or placed;

(3) if possible, reference ties to at least three witness
monuments made of concrete, natural stone, iron, or other
equally durable material, including trees;

(4) a plan view drawing depicting the relevant monuments
and reference ties which is in sufficient detail to enable
accurate restoration of the corner position if the corner
monument has been disturbed;

(5) a description of any significant discrepancy between
the position of the corner as restored and the position of that
corner as previously restored;

(6) whether the corner was restored through acceptance of
an obliterated evidence position or a found perpetuated
position;

(7) whether the corner was restored through lost corner
proportionate methods;

(8) the directions and distances to other public land
survey corners which were used as evidence or used for
proportioning in determining the corner positions; and

(9) the signature of the land surveyor under whose
direction and control the corner position was determined and a
statement certifying that the United States public land survey
monument record is correct and complete to the best of the
surveyor's knowledge and belief.

(d) new text beginNo later than one year after perpetuating or restoring
the survey corner, the land surveyor shall file or record the
certificate in the same manner as required under subdivision 1.
new text end

new text begin (e) new text endA reasonable fee for professional services may be paid
to the surveyor filing new text beginor recording new text endthe certificate with the
respective county, on approval and determination of the fee by
resolution of the county board.

[EFFECTIVE DATE; APPLICATION.] new text begin This section is effective
August 1, 2005, and applies to corners perpetuated or restored
on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2004, section 389.03, is
amended to read:


389.03 COMPENSATION; RECORDS.

new text begin (a) new text endExcept as otherwise provided by law, the county board
shall fix the compensation of county surveyors or their
deputies, including their necessary expenses. All records of
surveys are public records and must be made available by the
county surveyor at all reasonable times to inspection by any
person. The county board shall, at the expense of the county,
provide to the county surveyor all proper and necessary files
for keeping these records. The county survey records must be
kept in the office of the county surveyor or of the county
recorder of the countydeleted text begin,deleted text endnew text begin.new text endIf an office for the county surveyor
is maintained in a building maintained by the county for county
purposes on a full-time basisnew text begin,new text endthen the records shall be kept in
the office of the county surveyor.

new text begin (b) If a county closes an office of the county surveyor
that the county maintained in a building maintained by the
county for county purposes on a full-time basis, the county
shall transfer all certificates of location of corners filed
with that office under section 160.15, subdivision 4, or 381.12,
subdivisions 1 and 3, to be recorded in the office of the county
recorder.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005.
new text end