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SF 3404

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

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

Current Version - as introduced

  1.1                          A bill for an act 
  1.2             relating to real property; enacting a new chapter 
  1.3             relating to plats, coordinates, maps, and surveys; 
  1.4             providing penalties; proposing coding for new law as 
  1.5             Minnesota Statutes, chapter 505A; repealing Minnesota 
  1.6             Statutes 1998, sections 505.01; 505.02; 505.03; 
  1.7             505.04; 505.05; 505.06; 505.07; 505.08, subdivisions 
  1.8             1, 2, and 2a; 505.09; 505.10; 505.11; 505.12; 505.13; 
  1.9             505.14; 505.16; 505.165; 505.17; 505.173; 505.174; 
  1.10            505.175; 505.176; 505.177; 505.178; 505.179; 505.1791; 
  1.11            505.1792; 505.1793; 505.18; 505.19; 505.20; 505.21; 
  1.12            505.22; 505.23; 505.24; 505.25; 505.26; 505.28; 
  1.13            505.31; 505.32; and 505.33; Minnesota Statutes 1999 
  1.14            Supplement, section 505.08, subdivision 3. 
  1.15  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.16                             ARTICLE 1 
  1.17                               PLATS 
  1.18     Section 1.  [505A.01] [PURPOSE AND DEFINITIONS.] 
  1.19     Subdivision 1.  [PURPOSE.] A plat of land, prepared and 
  1.20  recorded in accordance with this chapter, is prepared for the 
  1.21  purpose of describing and graphically depicting land boundaries 
  1.22  for the orderly subdivision of land and providing a means to 
  1.23  donate or dedicate land.  Any plat recorded with the county 
  1.24  recorder or registrar of titles is an accessory to any legal 
  1.25  instrument that refers to such plat.  
  1.26     Subd. 2.  [DEFINITIONS.] For the purposes of this chapter, 
  1.27  the following terms have the meanings given: 
  1.28     (1) "Block" means a tract of land consisting of one of more 
  1.29  lots, as identified on a recorded plat by a number, and bounded 
  1.30  by plat boundaries, dedicated public ways, outlots, parks, or 
  2.1   bodies of water. 
  2.2      (2) "Drainage easement" means an easement for the purpose 
  2.3   of providing for the installation of storm water sewers, 
  2.4   ditches, or land along a natural body of water, watercourse, or 
  2.5   surface water flowage area for controlling, preserving, and 
  2.6   providing for the flow or storage of water. 
  2.7      (3) "Lot" means all, or a part of a block, as identified on 
  2.8   a recorded plat by a number. 
  2.9      (4) "Outlot" means a tract of land not part of a block and 
  2.10  identified by a letter. 
  2.11     (5) "Photographic process" means a process by which either 
  2.12  a positive or negative image is exposed on emulsion-coated, 
  2.13  photosensitive material, by use of a camera. 
  2.14     (6) "Plat" means a delineation of a survey drawn to scale 
  2.15  showing all data as required by this chapter, pertaining to the 
  2.16  location and boundaries of individual parcels of land and public 
  2.17  ways. 
  2.18     (7) "Plat monument" means a durable magnetic marker placed 
  2.19  at all locations required by this chapter. 
  2.20     (8) "Utility easement" means an easement for the purpose of 
  2.21  providing essential public services such as petroleum, natural 
  2.22  gas, communications, power, water, sewers, and transmission 
  2.23  facilities. 
  2.24     (9) "Public way" means a thoroughfare or cul-de-sac which 
  2.25  provides ingress or egress to the public. 
  2.26     (10) "Survey line" means a monumented reference line. 
  2.27     (11) "Wet land" means lakes, ponds, rivers, streams, 
  2.28  creeks, or swamps. 
  2.29     Sec. 2.  [505A.02] [AUTHORITY TO PREPARE.] 
  2.30     Plats prepared under this chapter must be prepared by a 
  2.31  licensed land surveyor having a valid license issued by the 
  2.32  Minnesota board responsible for licensing land surveyors. 
  2.33     Sec. 3.  [505A.03] [GOVERNMENTAL AUTHORITY AND REVIEW 
  2.34  PROCESS.] 
  2.35     Subdivision 1.  [PLATTING AUTHORITY.] The "platting 
  2.36  authority" as defined in section 462.351 pertains to 
  3.1   municipalities; and as defined in section 505A.09, pertains to 
  3.2   counties. 
  3.3      Subd. 2.  [PLAT PRESENTATION.] Any plat presented to the 
  3.4   platting authority for final approval shall include a current 
  3.5   abstract, a certified current review of such abstract or a copy 
  3.6   of the current certificate of title, or both, as may be required 
  3.7   by the platting authority. 
  3.8      Subd. 3.  [PLATS ABUTTING STATE HIGHWAYS.] Any preliminary 
  3.9   proposed plat which abuts upon any existing, established, or 
  3.10  proposed highway under the jurisdiction of the road authority of 
  3.11  the state of Minnesota which has been designated by a center 
  3.12  line order, a final certificate, or a map or plat filed in the 
  3.13  office of the county recorder or registrar of titles, shall be 
  3.14  submitted to the commissioner of transportation for written 
  3.15  comments or recommendations.  The commissioner of transportation 
  3.16  or a designated official acting on behalf of the commissioner of 
  3.17  transportation shall submit written comments or recommendations 
  3.18  to the platting authority within 30 days after receipt of such 
  3.19  plat.  Attached to the preliminary proposed plat there must be a 
  3.20  written statement describing: 
  3.21     (1) the outlet for and the means for disposal of surface 
  3.22  waters from such proposed plat; 
  3.23     (2) the land use designation or zoning category of such 
  3.24  proposed plat; 
  3.25     (3) the locations of ingress and egress to such proposed 
  3.26  plat; and 
  3.27     (4) a preliminary site plan, if one has been prepared, for 
  3.28  such proposed plat. 
  3.29     Failure to receive the required written comments or 
  3.30  recommendations from the commissioner of transportation does not 
  3.31  affect the title to the land included in the plat or the 
  3.32  platting of the land. 
  3.33     Subd. 4.  [PLATS ABUTTING COUNTY HIGHWAYS.] A preliminary 
  3.34  proposed plat which abuts upon any existing or established 
  3.35  county highway or county state aid highway must be submitted to 
  3.36  the county engineer for written comments or recommendations.  
  4.1   The county engineer or a designated official acting on behalf of 
  4.2   the county engineer shall submit written comments or 
  4.3   recommendations to the platting authority within 30 days after 
  4.4   receipt of such plat.  Failure to receive the required written 
  4.5   comments or recommendations from the county engineer does not 
  4.6   affect the title to the land included in the plat or the 
  4.7   platting of the land. 
  4.8      Subd. 5.  [FINAL ACTION BY PLATTING AUTHORITY.] Final 
  4.9   action on any such plat by the platting authority must not be 
  4.10  taken until after the written comments or recommendations as 
  4.11  required in subdivisions 3 and 4 have been received or until the 
  4.12  30-day period has elapsed. 
  4.13     Subd. 6.  [SURVEYOR TO REVIEW PLATS.] The county board of 
  4.14  commissioners of any county may authorize the county surveyor to 
  4.15  review and approve plats for compliance with this chapter.  In 
  4.16  counties not having a county surveyor, the county board shall 
  4.17  have the option to employ a Minnesota licensed land surveyor to 
  4.18  review and approve plats for compliance with this chapter. 
  4.19     Subd. 7.  [PRESENTATION FOR FILING OR RECORDING.] A 
  4.20  certificate or other evidence of submitting the preliminary 
  4.21  proposed plat or obtaining the written comments or 
  4.22  recommendations, as required in subdivisions 3 and 4, must 
  4.23  either accompany a plat or be affixed to a plat at the time such 
  4.24  plat is presented for filing in the office of the county 
  4.25  recorder or registrar of titles in the county in which the plat 
  4.26  is situated. 
  4.27     Sec. 4.  [505A.04] [SURVEY.] 
  4.28     Subdivision 1.  [PLAT BOUNDARY; MONUMENTS.] All plats, at 
  4.29  the time of recording, must have the plat boundary surveyed and 
  4.30  plat boundary monumented.  A plat boundary monument shall be 
  4.31  placed at all curve points and angle points on the plat boundary.
  4.32     Subd. 2.  [INTERIOR PLAT MONUMENTS.] All plats, at the time 
  4.33  of recording, must have all interior plat monuments that control 
  4.34  lots set in place, unless the plat states that all interior plat 
  4.35  monuments will be set in place within one year after recording 
  4.36  of the plat, or sooner, as specified by the platting authority.  
  5.1   The platting authority may require the landowner to provide a 
  5.2   financial guarantee for the assured placement of all such 
  5.3   interior plat monuments by the surveyor responsible for the 
  5.4   preparation of the plat. 
  5.5      Subd. 3.  [WITNESS PLAT MONUMENT.] If it would be 
  5.6   impossible to set a plat monument, a witness plat monument must 
  5.7   be set and so noted on the plat. 
  5.8      Subd. 4.  [SURVEYOR'S LICENSE NUMBER.] The land surveyor's 
  5.9   license number must be affixed to each plat monument set. 
  5.10     Sec. 5.  [505A.05] [GRAPHICS.] 
  5.11     Subdivision 1.  [DIRECTIONAL ORIENTATION.] Bearings, 
  5.12  azimuths, and central angles shown on the plat must be expressed 
  5.13  in degrees, minutes, and seconds and must be shown to the 
  5.14  second.  The plat must specify the directional orientation of 
  5.15  all bearings or azimuths that are shown.  Distances shown on the 
  5.16  plat must be expressed in feet and to the nearest one-hundredth 
  5.17  of a foot. 
  5.18     Subd. 2.  [PUBLIC WAYS.] All public ways that are within 
  5.19  the plat must be shown and named on the plat, and must have 
  5.20  their respective right-of-way widths dimensioned.  All existing 
  5.21  public ways adjoining the plat must be shown and named on the 
  5.22  plat and must have their respective right-of-way widths 
  5.23  dimensioned, if known. 
  5.24     Subd. 3.  [LOTS; BLOCKS.] All lots must be numbered 
  5.25  beginning with the Arabic numeral 1 and continue numbering 
  5.26  consecutively throughout the block in which they are situated.  
  5.27  All blocks must be numbered beginning with the Arabic numeral 1 
  5.28  and continue numbering consecutively throughout the plat.  All 
  5.29  outlots must be labeled "OUTLOT" and designated alphabetically 
  5.30  beginning with the English letter "A" and must continue 
  5.31  consecutively throughout the plat. 
  5.32     Subd. 4.  [SURVEY INFORMATION SHOWN ON PLAT.] Sufficient 
  5.33  survey and mathematical information must be shown on the plat to 
  5.34  locate and retrace all interior and exterior boundary lines.  
  5.35  All lot and outlot lines must be shown as a solid line.  All 
  5.36  straight line segments of the plat must indicate the length of 
  6.1   line and the bearing or azimuth.  All curved lines of the plat 
  6.2   must indicate the central angle, the arc length, and the radius 
  6.3   length.  If an interior curved line constitutes the boundary of 
  6.4   more than one lot, the central angle and arc length dimension 
  6.5   for each segment must be shown.  A nontangential curve must also 
  6.6   show a chord bearing or chord azimuth.  The plat boundary must 
  6.7   be delineated by a solid line whose width is wider than all 
  6.8   other parcel lines. 
  6.9      Subd. 5.  [EASEMENTS.] Utility easements, drainage 
  6.10  easements, or both, created under this chapter or of record, 
  6.11  must be shown on a plat and are limited to those that deal with 
  6.12  public service utilities, drainage, or both, as defined in this 
  6.13  chapter.  The plat must show easement identification and 
  6.14  sufficient mathematical data to locate and retrace all such 
  6.15  easements.  Easements must be shown as a dashed line and 
  6.16  referenced to a plat corner or line. 
  6.17     Subd. 6.  [WET LANDS.] Wet land abutting or lying wholly or 
  6.18  partially within the plat must have its water's edge shown as a 
  6.19  dashed line and must be identified.  If wet land constitutes a 
  6.20  boundary line within or of the plat, the boundary line shall be 
  6.21  shown on the plat as a solid line and a survey line must be 
  6.22  shown.  Survey lines on the plat must be shown as a dashed line 
  6.23  and must be labeled as "SURVEY LINE."  Survey lines must have a 
  6.24  distance and bearing or azimuth between all angle points 
  6.25  together with a distance from all angle points to the water's 
  6.26  edge.  Distances must be shown along the survey line between all 
  6.27  lot lines.  The distance between an intersection of a lot line 
  6.28  with the survey line and the water's edge must be shown to the 
  6.29  nearest foot, as measured along the lot line. 
  6.30     Subd. 7.  [WATER; BENCH MARK.] Any lake, stream, or river 
  6.31  abutting or lying wholly or partially within a plat must also 
  6.32  show the water elevation to a tenth of a foot and the date the 
  6.33  elevation was measured.  Elevations must be referenced to a 
  6.34  durable bench mark whose basis is mean sea level datum.  The 
  6.35  highest known water elevation must be indicated if this data is 
  6.36  available from the department of natural resources or the United 
  7.1   States Army Corps of Engineers.  If this data is not available, 
  7.2   a statement indicating this shall be shown on the plat.  If the 
  7.3   bench mark is not available within one mile of the plat, a 
  7.4   durable bench mark whose basis is an assumed datum may be 
  7.5   established by the land surveyor.  A bench mark must be 
  7.6   described as to the basis for its elevation, its location, and 
  7.7   type of monument.  Bench mark elevation must be shown to the 
  7.8   hundredth of a foot. 
  7.9      Subd. 8.  [SHEETS; MATERIAL, SIZE.] Plat sheets must be 
  7.10  made of a 4 mil, transparent reproducible film or the 
  7.11  equivalent, and must be prepared by a photographic process.  
  7.12  Plat sheet sizes must be confined to 20 inches by 30 inches or 
  7.13  22 inches by 34 inches.  Plat sheets must have a border placed 
  7.14  one-half inch inside the outer edges of all such sheets. 
  7.15     Subd. 9.  [NORTH ORIENTATION.] A symbol must be shown on 
  7.16  the plat indicating the north orientation of the plat.  The 
  7.17  longer edge of the sheet must be positioned horizontally with 
  7.18  north oriented toward the top of the sheet.  If it is not 
  7.19  practical to position north toward the top of the sheet, north 
  7.20  must then be oriented toward the left edge of the sheet. 
  7.21     Subd. 10.  [DESCRIPTION CALL.] A designated survey call 
  7.22  recited in the plat legal description must be labeled and 
  7.23  graphically shown on the plat.  The name and adjacent boundary 
  7.24  lines of any adjoining platted lands or public ways must be 
  7.25  labeled and graphically shown on the plat. 
  7.26     Subd. 11.  [CLOSURE ACCURACY.] The mathematical closure 
  7.27  accuracy of the plat boundary, blocks, lots, and outlots must 
  7.28  not exceed two-hundredths of a foot in either latitude or 
  7.29  departure. 
  7.30     Subd. 12.  [SCALE.] A graphic scale must be shown on the 
  7.31  plat along with the label "Scale In Feet." 
  7.32     Subd. 13.  [MONUMENTS.] Found and set monuments must be 
  7.33  indicated on the graphics portion of the plat using a solid 
  7.34  circle symbol for found monuments and an open circle symbol for 
  7.35  set monuments.  The type, diameter, or size of the set monuments 
  7.36  must be indicated on the plat. 
  8.1      Subd. 14.  [TEXT.] The minimum text size shown on the plat 
  8.2   graphics or the plat dedication must be no less than .08 of an 
  8.3   inch. 
  8.4      Subd. 15.  [OFFICIAL; REPLICA.] Only one copy of the plat 
  8.5   must have the text "OFFICIAL" placed at the top center outside 
  8.6   the border of each sheet of such plat.  All other replicas of 
  8.7   such plat must have the text "COPY" placed at the top center 
  8.8   outside the border of each sheet of such plat. 
  8.9      Subd. 16.  [SYMBOLS.] Degree, minute, and second symbols 
  8.10  must be shown on all bearings, angles, or azimuths of the plat.  
  8.11  Ditto marks, inch symbols, or foot symbols must not be used on 
  8.12  the plat. 
  8.13     Subd. 17.  [BUILDING AND ZONING REGULATIONS.] Building and 
  8.14  zoning regulations including building setback lines or temporary 
  8.15  easements must not be shown on the plat.  Only the easements 
  8.16  specified in subdivision 5 must be shown on the plat. 
  8.17     Subd. 18.  [SHEETS; NUMBERING.] A plat must consist of one 
  8.18  or more sheets, and if the plat is more than one sheet, the 
  8.19  sheets must be numbered consecutively, beginning with the Arabic 
  8.20  numeral 1. 
  8.21     Sec. 6.  [505A.06] [DOCUMENTATION.] 
  8.22     Subdivision 1.  [PLAT NAME TITLE.] The plat name must 
  8.23  appear across the top portion of the plat and must not duplicate 
  8.24  the name of any plat that is of record in the office of the 
  8.25  county recorder or registrar of titles in the county in which 
  8.26  the plat is located.  The plat name must be different in 
  8.27  spelling or pronunciation to any plat that is of record in the 
  8.28  office of the county recorder or registrar of titles in the 
  8.29  county in which the plat is located.  The plat name, as it 
  8.30  appears in the title, must be in capitalized text, and the plat 
  8.31  name must be identical in all the verbiage on the plat. 
  8.32     Subd. 2.  [PARTIES WITH INTEREST.] At the time of 
  8.33  recording, all parties that have fee title or hold an interest 
  8.34  of record that could mature into fee title to the land being 
  8.35  platted must be included on the plat and must execute the plat, 
  8.36  along with a statement as to their interest.  Individual owners 
  9.1   must indicate their marital status.  Corporate owners must 
  9.2   identify the state or country in which the company is 
  9.3   incorporated.  Individuals acting as an agent or officer for a 
  9.4   corporation must state their position with such corporation.  A 
  9.5   mortgage holder must either acknowledge the plat by a written 
  9.6   consent statement filed along with the plat or be included on 
  9.7   the plat.  If a mortgage holder is included on the plat, then 
  9.8   the plat must be executed by the mortgage holder or its 
  9.9   authorized representative. 
  9.10     Subd. 3.  [EXECUTION.] Each party with an interest in the 
  9.11  plat must execute the plat and have their signature acknowledged 
  9.12  by a notary public on a standard form which must be provided on 
  9.13  or with the plat.  Signatures must be in permanent black ink. 
  9.14     Subd. 4.  [DEDICATION.] The plat must have a written 
  9.15  instrument of dedication which contains a complete and accurate 
  9.16  description of the land being platted and must set forth what 
  9.17  part of the land is dedicated or donated, to whom, and for what 
  9.18  purpose. 
  9.19     Subd. 5.  [CERTIFICATES.] (a) The land surveyor who is in 
  9.20  direct supervision of the plat preparation shall certify that 
  9.21  the plat complies with the following provisions: 
  9.22     (1) that the plat is a correct representation of the field 
  9.23  survey; 
  9.24     (2) that the outside boundary lines, all distances, and all 
  9.25  bearings or azimuths are correctly designated on the plat; 
  9.26     (3) that all monuments have been or will be correctly set 
  9.27  as indicated on the plat; 
  9.28     (4) that all wet lands are shown and labeled on the plat; 
  9.29     (5) that all public ways are shown and labeled on the plat. 
  9.30     The surveyor's certificate must be acknowledged by a notary 
  9.31  public on a standard form which must be provided on the plat. 
  9.32     (b) The plat must contain a certificate of approval 
  9.33  executed by the platting authority. 
  9.34     (c) The plat must contain a certificate executed by the 
  9.35  proper county official indicating there are no delinquent taxes 
  9.36  owed and that the current year's payable taxes have been paid. 
 10.1      (d) In accordance with section 389.09, subdivision 1, the 
 10.2   plat must contain a certificate of approval executed by the 
 10.3   county surveyor indicating that such plat is in compliance with 
 10.4   this chapter. 
 10.5      (e) The plat must contain a certificate executed by the 
 10.6   county recorder, registrar of titles, or both, as the case may 
 10.7   warrant. 
 10.8      Sec. 7.  [505A.07] [RECORDING.] 
 10.9      Subdivision 1.  [RECORDING.] Every plat prepared under this 
 10.10  chapter must be recorded by the county recorder, registrar of 
 10.11  titles, or both.  Such plat shall be duly certified, executed, 
 10.12  and acknowledged as provided in section 505A.06. 
 10.13     Subd. 2.  [FEES.] The county recorder, registrar of titles, 
 10.14  or both, shall collect filing fees, as provided in chapters 357, 
 10.15  508, and 508A. 
 10.16     Subd. 3.  [INSPECTION.] The plat must be filed and placed 
 10.17  under the direct supervision of the county recorder or registrar 
 10.18  of titles and open to inspection only in the presence of the 
 10.19  county recorder or registrar of titles or the recorder's or 
 10.20  registrar's representative.  The plat must be bound or filed in 
 10.21  a proper manner for use by the general public. 
 10.22     Subd. 4.  [REPLICA.] Upon the request of the county auditor 
 10.23  of the county where the plat is situated, the county recorder or 
 10.24  registrar of titles must make and file a replica of the plat 
 10.25  with the county auditor, at the expense of the county. 
 10.26     Subd. 5.  [COPIES.] A copy of the plat must be certified to 
 10.27  by the county recorder or registrar of titles in the manner in 
 10.28  which certified copies of records are issued in the recorder's 
 10.29  or registrar's office. 
 10.30     Subd. 6.  [REPRODUCTIONS.] Reproductions of the plat must 
 10.31  be made available to a person upon request.  A person making the 
 10.32  request must pay a fee to the county recorder or registrar of 
 10.33  titles for the plat reproduction. 
 10.34     Subd. 7.  [ILLEGIBLE PLATS.] When the plat, or any part 
 10.35  thereof, is illegible, the county surveyor, at the request and 
 10.36  under the direct supervision of the county recorder or registrar 
 11.1   of titles, must make a replica of the plat.  The county recorder 
 11.2   or registrar of titles must certify the replica is a correct 
 11.3   copy of the plat.  The replica must then be bound or filed in 
 11.4   the exact place of the plat that is to be archived or 
 11.5   discarded.  In counties not having a county surveyor, the county 
 11.6   recorder or registrar of titles must employ a Minnesota licensed 
 11.7   land surveyor to make the replica, at the expense of the county. 
 11.8      Sec. 8.  [505A.08] [REFERENCE TO PLAT BEFORE RECORDING.] 
 11.9      (a) A person who attempts to record the conveyance of any 
 11.10  land included in a plat by reference to the plat before such 
 11.11  plat is recorded must pay a fine to the county.  The amount and 
 11.12  administration of the fine will be determined by the county 
 11.13  board of commissioners. 
 11.14     (b) All forfeitures under this section must be recovered in 
 11.15  an action brought forth in the name of the county. 
 11.16     (c) Nothing contained in this section prohibits other 
 11.17  penalties from being imposed on a person who attempts to record 
 11.18  the conveyance of any land included in a plat by reference to 
 11.19  the plat before such plat is recorded. 
 11.20     Sec. 9.  [505A.09] [COUNTY BOARD CONTROL OF PLATTING.] 
 11.21     (a) The county board of commissioners of any county has the 
 11.22  power to control and regulate the platting of land and the 
 11.23  laying out of public ways outside the boundaries of any home 
 11.24  rule charter or statutory city.  The county board must not 
 11.25  approve any plat of land lying within a municipality which has 
 11.26  appointed a planning and zoning commission or any commission 
 11.27  that is responsible for approval of the platting of land, unless 
 11.28  the municipal board approves the plat and the designing of 
 11.29  public ways on the plat.  The approval must be endorsed on the 
 11.30  plat and be executed by the principal administrative officer of 
 11.31  the municipality. 
 11.32     (b) The county board or any municipality has the power to 
 11.33  enforce section 462.358, which pertains to subdivision 
 11.34  regulations. 
 11.35     Sec. 10.  [505A.10] [COUNTY BOARD TO MAKE REGULATIONS.] 
 11.36     (a) The county board of commissioners, in exercising the 
 12.1   powers conferred by this chapter, must adopt regulations 
 12.2   governing the platting of land with which all plats must conform 
 12.3   prior to county board approval.  The county board may amend the 
 12.4   regulations. 
 12.5      (b) The regulations adopted by the county board may provide 
 12.6   for, but are not limited to:  the location and dimension of 
 12.7   public ways; the location of utilities contained within the 
 12.8   plat; the minimum width, depth, and area of any lot within the 
 12.9   plat; the minimum distance to the front of any building line 
 12.10  from public ways; and the extent of any grading and drainage of 
 12.11  public ways and lots.  Regulations must not establish grades 
 12.12  which would cause material damage to the land within or outside 
 12.13  the area of the plat. 
 12.14     (c) The regulations under this section are not supplemental 
 12.15  to any other provision in this chapter, but are for regulating 
 12.16  plat design and plat development purposes only. 
 12.17     Sec. 11.  [505A.11] [COUNTY BOARD ADDITIONAL POWERS.] 
 12.18     (a) The powers conferred by this chapter to the county 
 12.19  board of commissioners are in addition to existing powers and 
 12.20  are not an amendment to or a repeal thereof.  These additional 
 12.21  powers are supplemental to and do not set aside the jurisdiction 
 12.22  over platting of land now exercised by the governing body of any 
 12.23  municipality located within the scope of sections 505A.09 to 
 12.24  505A.12. 
 12.25     (b) If the governing body of the municipality and the 
 12.26  county board fail to concurrently approve and adopt a plat of 
 12.27  land within 60 days of receipt or presentation of the plat, the 
 12.28  approval of the county board is final.  The county board may 
 12.29  extend the 60-day concurrent approval time limit with respect to 
 12.30  individual plats of land. 
 12.31     Sec. 12.  [505A.12] [MAJOR STREET PLAN.] 
 12.32     (a) The county board of commissioners must prepare a 
 12.33  comprehensive major street plan to exercise the power conferred 
 12.34  in sections 505A.09 to 505A.11.  This plan shall be designated 
 12.35  and adopted as the official major street plan of the area.  The 
 12.36  county board of commissioners may amend the plan. 
 13.1      (b) Nothing in this section supersedes or limits a major 
 13.2   street plan that has been prepared under another provision of 
 13.3   law. 
 13.4      Sec. 13.  [505A.13] [VACATION.] 
 13.5      (a) Upon application of the owner of land included within a 
 13.6   plat of land, together with proof that all taxes assessed 
 13.7   against the land have been paid and that proper notice has been 
 13.8   given, the district court may vacate the plat or a portion 
 13.9   thereof.  The court is the only authority that may adjudge the 
 13.10  title to vacated public ways and public grounds to be in the 
 13.11  persons entitled thereto, except as otherwise provided in 
 13.12  section 412.851. 
 13.13     (b) The district court must not vacate a public way or 
 13.14  public ground dedicated to the public use by or in a plat 
 13.15  located in a municipality that is organized under a charter or 
 13.16  special law which provides a method of procedure for the 
 13.17  vacation of public ways and public grounds by the municipal 
 13.18  authorities of such municipality. 
 13.19     (c) Public ways connecting plats or lying between blocks, 
 13.20  lots, or outlots that provide access for the public to any 
 13.21  public water, must not be vacated between such plats, blocks, 
 13.22  lots, or outlots, unless the public way or a portion thereof, 
 13.23  that is sought to be vacated, is deemed useless for the purpose 
 13.24  for which it was designed. 
 13.25     (d) If a public way or public ground, or any portion 
 13.26  thereof, that is proposed to be vacated, abuts or terminates 
 13.27  upon any public water, the applicant must serve notice of the 
 13.28  application by certified mail, upon the commissioner of natural 
 13.29  resources.  Notice must be served at least 30 days before the 
 13.30  term or session at which such application shall be heard.  The 
 13.31  notice is for notification purposes only and does not create a 
 13.32  right of intervention by the commissioner of natural resources. 
 13.33     (e) The applicant must give two weeks of published and 
 13.34  posted notice of the vacation application.  The last publication 
 13.35  to be at least ten days before the term or session at which the 
 13.36  application must be heard.  The applicant must also serve 
 14.1   personally, or cause to be served, notice of such application at 
 14.2   least ten days before the term or session at which such 
 14.3   application shall be heard, upon the principal administrative 
 14.4   officer of the municipality where the proposed vacation is 
 14.5   situated. 
 14.6      (f) The court must hear all persons owning or occupying 
 14.7   such land that would be directly affected by the proposed 
 14.8   vacation.  If the court determines the proposed vacation would 
 14.9   cause damage, the court may determine the amount of damage and 
 14.10  direct the applicant to make payment before the vacation takes 
 14.11  effect. 
 14.12     (g) A certified copy of the vacation order which vacates a 
 14.13  plat or portions thereof must be filed by the court or another 
 14.14  governing body with the county auditor.  The vacation order must 
 14.15  also be duly recorded with the county recorder or registrar of 
 14.16  titles.  The county recorder or registrar of titles must make 
 14.17  suitable notations as to which plat is affected by the vacation 
 14.18  order, so as to direct the attention of anyone examining the 
 14.19  record. 
 14.20     Sec. 14.  [505A.15] [CERTAIN PLATS VALIDATED; APPLICATION.] 
 14.21     Section 505A.14 applies to all plats heretofore recorded of 
 14.22  any municipality and to any addition to any municipality within 
 14.23  the state.  
 14.24     Sec. 15.  [505A.16] [RECORD PLATS; CORRECTION.] 
 14.25     Subdivision 1.  [CERTIFICATE OF CORRECTION.] Any document 
 14.26  that is used for the rectification of an error, defect, or 
 14.27  omission on a record plat is known as a certificate of 
 14.28  correction.  A certificate of correction is confined to the 
 14.29  following uses: 
 14.30     (1) to correctly identify the land platted; or 
 14.31     (2) to correct typographical, mathematical, or pictorial 
 14.32  errors and defects. 
 14.33     Subd. 2.  [RESTRICTIONS ON USE.] A certificate of 
 14.34  correction must not be used for any purpose that will change the:
 14.35     (1) graphical design of the record plat by adding or 
 14.36  eliminating any blocks, lots, outlots, easements, or public 
 15.1   ways; 
 15.2      (2) designated use of any dedicated easement; or 
 15.3      (3) extent of the exterior boundary or any interior parcel, 
 15.4   block, lot, outlot, easement, or public way of the plat, except 
 15.5   as required to correct typographical, mathematical, or pictorial 
 15.6   errors and defects. 
 15.7      Subd. 3.  [EXECUTION.] The licensed land surveyor who was 
 15.8   directly responsible for the preparation of a plat may execute a 
 15.9   certificate of correction for the plat that has been purported 
 15.10  to contain errors or defects.  The certificate must: 
 15.11     (1) state the name of the affected plat and the correct 
 15.12  record number of such plat; 
 15.13     (2) state the nature of the error or defect as defined in 
 15.14  this section; 
 15.15     (3) state the correct information for such error or defect; 
 15.16     (4) be dated and executed by the licensed land surveyor; 
 15.17     (i) the responsible land surveyor's Minnesota license 
 15.18  number must be affixed immediately under the land surveyor's 
 15.19  signature; and 
 15.20     (ii) the responsible land surveyor's signature shall be 
 15.21  acknowledged by a notary public; 
 15.22     (5) be subscribed and approved by the municipal governing 
 15.23  body or county, as appropriate in the area in which the plat is 
 15.24  situated; and 
 15.25     (6) be subscribed and reviewed by the county surveyor of 
 15.26  the county in which the plat is situated, if one has been 
 15.27  elected or appointed. 
 15.28     Subd. 4.  [OTHER SURVEYORS; PREPARATION.] If the licensed 
 15.29  land surveyor who is directly responsible for the preparation of 
 15.30  the plat is unable or not available, or if the plat was not 
 15.31  prepared by a Minnesota licensed land surveyor, a certificate of 
 15.32  correction may be prepared by any Minnesota licensed land 
 15.33  surveyor.  The land surveyor directly responsible for the 
 15.34  preparation of certificate must also state why the land surveyor 
 15.35  who prepared the plat was unable or not available, or the land 
 15.36  surveyor shall state the plat was not prepared by a Minnesota 
 16.1   licensed land surveyor. 
 16.2      Subd. 5.  [RECORDING.] The county recorder of the county in 
 16.3   which the plat affected by such certificate is located shall 
 16.4   accept the certificate for filing and recording in the county 
 16.5   recorder's office.  Upon recording the certificate, the county 
 16.6   recorder must make suitable notations as to which plat the 
 16.7   certificate affects, to direct the attention of anyone examining 
 16.8   the record. 
 16.9      Subd. 6.  [PRIMA FACIE EVIDENCE.] Any certificate of 
 16.10  correction that is filed pursuant to this section is prima facie 
 16.11  evidence of the statements appearing therein.  The certificate 
 16.12  must also be received in evidence for that purpose.  No 
 16.13  certificate of correction shall have the effect of destroying or 
 16.14  changing any vested rights acquired based upon an existing plat 
 16.15  despite errors or defects contained therein or omissions 
 16.16  therefrom. 
 16.17     Sec. 16.  [505A.17] [VALIDATION OF CERTAIN PLATS.] 
 16.18     Subdivision 1.  [PETITION TO THE COURT.] The county board 
 16.19  of commissioners, county recorder or registrar of titles, county 
 16.20  treasurer, county attorney, county auditor, or any person having 
 16.21  an interest in land lying within a plat which is on file but not 
 16.22  officially recorded in the office of the county recorder or 
 16.23  registrar of titles, or a plat which is missing from the records 
 16.24  of the county recorder or registrar of titles, may petition the 
 16.25  district court of the county for an order directing the 
 16.26  recording of the plat. 
 16.27     Subd. 2.  [COURT ACTION; USE; FEES.] (a) The district court 
 16.28  must make its findings and order accordingly.  The court must 
 16.29  direct the court's administrator to certify upon such plat that 
 16.30  it is entitled to record in the office of the county recorder or 
 16.31  registrar of titles if the district court finds from the 
 16.32  evidence adduced that: 
 16.33     (1) the plat was filed with the county recorder or 
 16.34  registrar of titles more than 40 years prior to the date of 
 16.35  filing the petition with the court, and not officially recorded; 
 16.36     (2) the county recorder or registrar of titles has made a 
 17.1   diligent search for the missing plat, but has been unable to 
 17.2   find it; and 
 17.3      (3) the proposed replacement plat of the missing plat is a 
 17.4   replica of the missing plat. 
 17.5      (b) A plat certified pursuant to an order of the court, 
 17.6   which has been entitled to record, may be used for any purpose 
 17.7   and in like manner of a plat qualified under this chapter. 
 17.8      (c) The county must pay fees or expenses incurred under 
 17.9   this section. 
 17.10                             ARTICLE 2 
 17.11                    MAPS OR PLATS; RIGHTS-OF-WAY 
 17.12     Section 1.  [505A.20] [DEFINITIONS.] 
 17.13     For the purpose of sections 505A.20 to 505A.23, the 
 17.14  following terms have the meanings given: 
 17.15     (1) "Map or plat" means a pictorial representation of a 
 17.16  part of the earth's surface at an established scale, on a plane 
 17.17  surface, that shows the relative position of all parts 
 17.18  represented. 
 17.19     (2) "Parcel" means a tract of land that is designated by an 
 17.20  individual identifier. 
 17.21     Sec. 2.  [505A.21] [AUTHORITY TO PREPARE.] 
 17.22     Maps or plats prepared under sections 505A.20 to 505A.23 
 17.23  must be prepared by a licensed land surveyor having a valid 
 17.24  license issued by the Minnesota board responsible for licensing 
 17.25  land surveyors. 
 17.26     Sec. 3.  [505A.22] [GRAPHICS.] 
 17.27     Any map or plat that is prepared under sections 505A.20 to 
 17.28  505A.23 must conform to the following requirements: 
 17.29     (1) Map or plat sheets must be made of a 4 mil, transparent 
 17.30  reproducible film or the substantial equivalent and must be 
 17.31  prepared by a photographic process.  Map or plat sheet sizes 
 17.32  must be confined to 20 inches by 30 inches or 22 inches by 34 
 17.33  inches.  Map or plat sheets must have a border placed one-half 
 17.34  inch inside the outer edges of all such sheets. 
 17.35     (2) The mathematical closure accuracy of the map or plat 
 17.36  boundary must not exceed two-hundredths of a foot, or its metric 
 18.1   equivalent, in either latitude or departure. 
 18.2      (3) Bearings, azimuths, angles, and central angles shown on 
 18.3   the map or plat must be expressed in degrees, minutes, and 
 18.4   seconds and must be shown to the second.  The map or plat must 
 18.5   specify the directional orientation of all bearings or azimuths 
 18.6   that are shown. 
 18.7      (4) A graphic scale must be shown on the map or plat along 
 18.8   with a label as to its unit of measure. 
 18.9      (5) A symbol must be shown on the map or plat indicating 
 18.10  the north orientation of the map or plat.  
 18.11     (6) Found and set monuments must be indicated on the 
 18.12  graphics portion of the map or plat using a solid circle symbol 
 18.13  for found monuments and an open circle symbol for set 
 18.14  monuments.  The type, diameter, or size of the set monuments 
 18.15  must be indicated on the map or plat. 
 18.16     (7) The minimum text size shown on the map or plat graphics 
 18.17  or the map or plat text must be no less than .08 of an inch. 
 18.18     (8) Only one copy of the map or plat shall have the text 
 18.19  "OFFICIAL" placed at the top center outside the border of each 
 18.20  sheet of such map or plat.  All other replicas of such map or 
 18.21  plat must have the text "COPY" placed at the top center outside 
 18.22  the boarder of each sheet of such map or plat. 
 18.23     (9) Degree, minute, and second symbols must be shown on all 
 18.24  bearings, angles, or azimuths of the map or plat.  Ditto marks, 
 18.25  inch symbols, or foot symbols must not be used on the map or 
 18.26  plat.  
 18.27     (10) A map or plat must consist of one or more sheets, and 
 18.28  if the map or plat is more than one sheet, the sheets must be 
 18.29  numbered consecutively, beginning with the Arabic numeral 1. 
 18.30     (11) All parcels on a map or plat must be identified with 
 18.31  an Arabic numeral, an English alphabet letter, or combinations 
 18.32  thereof. 
 18.33     Sec. 4.  [505A.23] [RIGHT-OF-WAY ACQUISITION; FILING FOR 
 18.34  RECORD.] 
 18.35     Subdivision 1.  [GOVERNING BODY TO FILE FOR RECORD.] The 
 18.36  governing body of any municipality or county may, for the 
 19.1   purpose of showing location or acquiring right-of-way for public 
 19.2   transportation, public service utility, and drainage easements, 
 19.3   file for record in the office of the county recorder or 
 19.4   registrar of titles of such county, maps or plats, as defined in 
 19.5   section 505A.20, showing location, respective right-of-way, and 
 19.6   any other information the governing body determines necessary. 
 19.7      Subd. 2.  [SUBSCRIPTION; RECORD.] A map or plat must be 
 19.8   subscribed by the governing body and the county surveyor, if one 
 19.9   has been elected or appointed in the county in which the map or 
 19.10  plat is situated, together with a certified copy of the 
 19.11  governing body resolution setting forth the map or plat.  The 
 19.12  map or plat is entitled to record.  Any amendment, alternation, 
 19.13  recision, vacation, resolution, or map or plat so filed must be 
 19.14  recorded in like manner.  The county recorder or registrar of 
 19.15  titles must make suitable notations as to which map or plat is 
 19.16  affected by an amendment, alternation, recision, or vacation to 
 19.17  direct the attention of anyone examining the record. 
 19.18     Subd. 3.  [CORRECTIONS.] If the map or plat incorrectly 
 19.19  defines an intended acquisition, but does not affect any rights 
 19.20  of interest to be acquired, a correction certificate may be 
 19.21  prepared stating what the error is, what the correct information 
 19.22  is, and which map or plat is affected.  The certificate must be 
 19.23  executed by a Minnesota licensed land surveyor and be subscribed 
 19.24  by the principal administrative officer of the governing body.  
 19.25  The certificate must be filed for record in the office of the 
 19.26  county recorder or registrar of titles in the county in which 
 19.27  the map or plat is filed.  Upon filing the certificate and 
 19.28  becoming record, the county recorder or registrar of titles must 
 19.29  make suitable notations as to which map or plat such certificate 
 19.30  affects to direct the attention of anyone examining the map or 
 19.31  plat of the certificate. 
 19.32     Subd. 4.  [FILING; RECORDING.] (a) If a map or plat 
 19.33  includes abstract property, then the map or plat must be filed 
 19.34  with the county recorder of the county in which the map or plat 
 19.35  is located.  
 19.36     (b) If a map or plat includes registered property, then the 
 20.1   map or plat must be filed with the registrar of titles of the 
 20.2   county in which the map or plat is located. 
 20.3      (c) If a map or plat includes both abstract and registered 
 20.4   property, then the map or plat must be filed with both the 
 20.5   county recorder and the registrar of titles of the county in 
 20.6   which the map or plat is located. 
 20.7      (d) When a map or plat is filed with the registrar of 
 20.8   titles, the registrar shall enter a reference to such map or 
 20.9   plat as a memorial on all certificates of title of registered 
 20.10  lands which abut the right-of-way shown on such filed map or 
 20.11  plat.  
 20.12     (e) The certified map or plat may be recorded without 
 20.13  complying with sections 505A.01 to 505A.17. 
 20.14     (f) A municipality must not file a map or plat, as 
 20.15  described in this section of any public way that is designated 
 20.16  as a county road or state highway. 
 20.17     (g) No map or plat filed for record under this section 
 20.18  transfers title to the property described; a map or plat is for 
 20.19  descriptive purposes only and shall be public notice that the 
 20.20  municipality claims an interest in such land. 
 20.21     Subd. 5.  [ACQUISITION OF LAND BY GOVERNING BODY.] Any 
 20.22  acquisition of land by the governing body, for public 
 20.23  transportation or public service utility and drainage easement 
 20.24  purposes, by an instrument of conveyance or eminent domain 
 20.25  proceeding may refer to such map or plat, and parcel identifier, 
 20.26  together with a pictorial description of the parcel, as the only 
 20.27  manner of description necessary for the acquisition. 
 20.28     Subd. 6.  [CONSTRUCTION WITH OTHER LAW.] Nothing in 
 20.29  sections 505A.20 to 525A.23 limits the preparation and filing of 
 20.30  a map or plat, or supersedes a map or plat that has been 
 20.31  prepared and filed under another provision of law.  
 20.32                             ARTICLE 3 
 20.33                            COORDINATES 
 20.34     Section 1.  [505A.30] [MINNESOTA STATE PLANE COORDINATE 
 20.35  SYSTEM.] 
 20.36     Subdivision 1.  [SYSTEM OF STATE PLANE COORDINATES.] The 
 21.1   system of plane coordinates which has been established by the 
 21.2   National Ocean Survey/National Geodetic Survey, formerly the 
 21.3   United States Coast and Geodetic Survey or its successors, for 
 21.4   defining and stating the geographic positions or locations of 
 21.5   points on the surface of the earth within the state of Minnesota 
 21.6   is hereafter to be known and designated as the "Minnesota State 
 21.7   Plane Coordinate System of 1983." 
 21.8      Subd. 2.  [ZONES.] For the purpose of the use of this 
 21.9   system, the state is divided into a "North Zone," a "Central 
 21.10  Zone," and a "South Zone." 
 21.11     Subd. 3.  [NORTH ZONE.] The area now included in the 
 21.12  following counties shall constitute the North Zone:  Beltrami, 
 21.13  Clearwater, Cook, Itasca, Kittson, Koochiching, Lake, Lake of 
 21.14  the Woods, Mahnomen, Marshall, Norman, Pennington, Polk, Red 
 21.15  Lake, Roseau, and Saint Louis. 
 21.16     Subd. 4.  [CENTRAL ZONE.] The area now included in the 
 21.17  following counties shall constitute the Central Zone:  Aitkin, 
 21.18  Becker, Benton, Carlton, Cass, Chisago, Clay, Crow Wing, 
 21.19  Douglas, Grant, Hubbard, Isanti, Kanabec, Mille Lacs, Morrison, 
 21.20  Otter Tail, Pine, Pope, Stearns, Stevens, Todd, Traverse, 
 21.21  Wadena, and Wilkin. 
 21.22     Subd. 5.  [SOUTH ZONE.] The area now included in the 
 21.23  following counties shall constitute the South Zone:  Anoka, Big 
 21.24  Stone, Blue Earth, Brown, Carver, Chippewa, Cottonwood, Dakota, 
 21.25  Dodge, Faribault, Fillmore, Freeborn, Goodhue, Hennepin, 
 21.26  Houston, Jackson, Kandiyohi, Lac qui Parle, Le Sueur, Lincoln, 
 21.27  Lyon, McLeod, Martin, Meeker, Mower, Murray, Nicollet, Nobles, 
 21.28  Olmsted, Pipestone, Ramsey, Redwood, Renville, Rice, Rock, 
 21.29  Scott, Sherburne, Sibley, Steele, Swift, Wabasha, Waseca, 
 21.30  Washington, Watonwan, Winona, Wright, and Yellow Medicine.  
 21.31     Sec. 2.  [505A.31] [MINNESOTA STATE PLANE COORDINATE SYSTEM 
 21.32  DEFINED.] 
 21.33     For purposes of more precisely defining the Minnesota State 
 21.34  Plane Coordinate System of 1983, the following definition by the 
 21.35  National Ocean Survey/National Geodetic Survey is adopted.  
 21.36     (a) The Minnesota State Plane Coordinate System of 1983, 
 22.1   North Zone, is a Lambert conformal conic projection of the North 
 22.2   American Geocentric Datum of 1983, having standard parallels at 
 22.3   north latitudes 47 degrees 02 minutes and 48 degrees 38 minutes, 
 22.4   along which parallels the scale shall be exact.  The origin of 
 22.5   coordinates is at the intersection of the meridian 93 degrees 06 
 22.6   minutes west of Greenwich with the parallel 46 degrees 30 
 22.7   minutes north latitude.  This origin is given the coordinates:  
 22.8   x equals 800,000 meters and y equals 100,000 meters. 
 22.9      (b) The Minnesota State Plane Coordinate System of 1983, 
 22.10  Central Zone, is a Lambert conformal conic projection of the 
 22.11  North American Geocentric Datum of 1983, having standard 
 22.12  parallels at north latitudes 45 degrees 37 minutes and 47 
 22.13  degrees 03 minutes, along which parallels the scale shall be 
 22.14  exact.  The origin of coordinates is at the intersection of the 
 22.15  meridian 94 degrees 15 minutes west of Greenwich with the 
 22.16  parallel 45 degrees 00 minutes north latitude.  This origin is 
 22.17  given the coordinates:  x equals 800,000 meters and y equals 
 22.18  100,000 meters.  
 22.19     (c) The Minnesota State Plane Coordinate System of 1983, 
 22.20  South Zone, is a Lambert conformal conic projection of the North 
 22.21  American Geocentric Datum of 1983, having standard parallels at 
 22.22  north latitudes 43 degrees 47 minutes and 45 degrees 13 minutes, 
 22.23  along which parallels the scale shall be exact.  The origin of 
 22.24  coordinates is at the intersection of the meridian 94 degrees 00 
 22.25  minutes west of Greenwich with the parallel 43 degrees 00 
 22.26  minutes north latitude.  This origin is given the coordinates:  
 22.27  x equals 800,000 meters and y equals 100,000 meters.  
 22.28     Sec. 3.  [505A.32] [MINNESOTA COUNTY COORDINATE SYSTEM.] 
 22.29     (a) For the purpose of providing a ground level plane 
 22.30  coordinate projection system, the Minnesota department of 
 22.31  transportation and the University of Minnesota in 1985 
 22.32  established a network of coordinate projection zones.  This 
 22.33  network shall be known hereafter as "The Minnesota County 
 22.34  Coordinate System of 1983." 
 22.35     (b) The coordinate projection system shall be comprised of 
 22.36  67 separate projection zones.  These zones are to be used in 
 23.1   conjunction with North American Datum of 1983. 
 23.2      (c) The Minnesota department of transportation must 
 23.3   determine the precise location and area encompassed by each 
 23.4   projection zone.  The Minnesota department of transportation has 
 23.5   sole authority and responsibility to modify each projection zone 
 23.6   boundary. 
 23.7      Sec. 4.  [505A.33] [X- AND Y-COORDINATES.] 
 23.8      (a) If using the Minnesota State Plane Coordinate System or 
 23.9   the Minnesota County Coordinate System of 1983 to establish the 
 23.10  plane coordinate values for a point on the earth's surface, 
 23.11  these values must be expressed in feet or meters together with a 
 23.12  reference to the appropriate projection zone within the 
 23.13  respective system.  
 23.14     (b) Each plane coordinate value for a point on the earth's 
 23.15  surface shall consist of two values.  These two values are the 
 23.16  "X-coordinate" which shall express the point's geographical 
 23.17  position in an east and west direction and the "Y-coordinate" 
 23.18  which shall express the point's geographical position in a north 
 23.19  and south direction. 
 23.20     (c) Each plane coordinate value may be expressed in either 
 23.21  United States survey feet and decimals of a foot when using the 
 23.22  English unit of measure, or expressed in meters and decimals of 
 23.23  a meter when using the metric unit of measure. 
 23.24     (d) When converting metric values to United States survey 
 23.25  feet values, one of the following formulas must be used: 
 23.26     (1) 1 foot=1200/3937 meter; or 
 23.27     (2) 1 meter=39.37 inches exactly=3937/1200 feet. 
 23.28     (e) All coordinate values are dependent on monumented 
 23.29  horizontal control stations and must conform to established 
 23.30  plane rectangular coordinate values which are based on geodetic 
 23.31  positions of North American Datum of 1983.  Control station 
 23.32  values are published and distributed by the National Geodetic 
 23.33  Survey or any successor.  
 23.34     Sec. 5.  [505A.34] [REFERENCE TO ZONES.] 
 23.35     If a plat of land intended to be defined by a single 
 23.36  description extends from one coordinate zone into another 
 24.1   coordinate zone, the position of all points on such plat 
 24.2   boundary must be referenced to only one of either of the two 
 24.3   coordinate zones.  The coordinate zone reference must then be 
 24.4   specifically named in the plat description.  
 24.5      Sec. 6.  [505A.35] [ZONES; LAND DESCRIPTIONS.] 
 24.6      Subdivision 1.  [NORTH ZONE.] In any land description in 
 24.7   which the North Zone name is used it must be designated the 
 24.8   "Minnesota State Plane Coordinate System of 1983, North Zone." 
 24.9      Subd. 2.  [CENTRAL ZONE.] In any land description in which 
 24.10  the Central Zone name is used it must be designated the 
 24.11  "Minnesota State Plane Coordinate System of 1983, Central Zone." 
 24.12     Subd. 3.  [SOUTH ZONE.] In any land description in which 
 24.13  the South Zone name is used it must be designated the "Minnesota 
 24.14  State Plane Coordinate System of 1983, South Zone." 
 24.15     Subd. 4.  [COUNTY COORDINATE PROJECTION.] In any land 
 24.16  description in which a county coordinate projection zone is 
 24.17  used, it must be named in the description as the "Minnesota 
 24.18  County Coordinate System of 1983, ........... County." 
 24.19     Sec. 7.  [505A.36] [LIMITATION OF USE.] 
 24.20     The use of the terms "Minnesota State Plane Coordinate 
 24.21  System" or "Minnesota County Coordinate System" as a basis of 
 24.22  coordinates on a map, plat, report of survey, or other document 
 24.23  shall be limited to coordinates based on the coordinate systems 
 24.24  provided in sections 505A.30 to 505A.38. 
 24.25     Sec. 8.  [505A.37] [WHEN USE OF COORDINATES SUPPLEMENTAL.] 
 24.26     Whenever coordinates that are based on any Minnesota 
 24.27  Coordinate System are used to describe any tract of land which 
 24.28  in the same document is also described by reference to any 
 24.29  subdivision, line, or corner of the United States Public Land 
 24.30  Surveys, the description by coordinates must be construed as 
 24.31  supplemental to the actual description of such subdivision, 
 24.32  line, or corner contained in the official plats and field notes 
 24.33  filed of record.  In the event of a conflict the description by 
 24.34  reference to the subdivision, line, or corner of the United 
 24.35  States Public Land Surveys prevails over the description by 
 24.36  coordinates.  
 25.1      Sec. 9.  [505A.38] [DESCRIPTION RELIES ON COORDINATE 
 25.2   SYSTEM.] 
 25.3      Nothing in sections 505A.30 to 505A.38 requires a purchaser 
 25.4   or any mortgagee to rely solely on any legal description in 
 25.5   which any part of such description depends exclusively upon the 
 25.6   Minnesota Coordinate System. 
 25.7                              ARTICLE 4 
 25.8                               SURVEYS 
 25.9      Section 1.  [505A.40] [ENTRY UPON LAND; NOTICE.] 
 25.10     It is lawful for a land surveyor, or for any individual 
 25.11  employed by or acting under the direction of such land surveyor, 
 25.12  to enter upon land for the purpose of locating or installing 
 25.13  survey reference monuments or landmarks.  A land surveyor, or 
 25.14  individual employed by or acting under the direction of such 
 25.15  land surveyor, must not enter upon land without first notifying 
 25.16  the owner or occupant of the intended entry and must only enter 
 25.17  upon land for a purpose provided in this section.  However, a 
 25.18  land surveyor, or any individual employed by or acting under the 
 25.19  direction of such land surveyor, is liable to the landowner for 
 25.20  any and all damages that may result upon such entry. 
 25.21     Sec. 2.  [505A.41] [MONUMENTS; PERMANENT AND EXISTING 
 25.22  EVIDENCE.] 
 25.23     A monument or other form of permanent evidence of a survey 
 25.24  must have affixed thereon the license number of the land 
 25.25  surveyor directly responsible for the survey.  A land surveyor 
 25.26  of a new survey or any individual employed by or acting under 
 25.27  the direction of the land surveyor must not remove or destroy a 
 25.28  previously existing survey reference monument or landmark 
 25.29  evidencing any such previous survey reference monument or 
 25.30  landmark location. 
 25.31     Sec. 3.  [505A.42] [VIOLATIONS; PENALTY.] 
 25.32     A person who intentionally removes, destroys, or defaces a 
 25.33  monument lawfully placed is guilty of a misdemeanor and is 
 25.34  liable for reimbursement of all expenses incurred by whomever is 
 25.35  required to reestablish the monument to its former position and 
 25.36  condition. 
 26.1      Sec. 4.  [INSTRUCTION TO REVISOR.] 
 26.2      The revisor of statutes shall renumber each section of 
 26.3   Minnesota Statutes listed in column A with the number listed in 
 26.4   column B.  The revisor shall also make necessary cross-reference 
 26.5   changes consistent with the renumbering. 
 26.6      
 26.7        Column A          Column B
 26.8        505.15            505A.14 
 26.9      Sec. 5.  [REPEALER.] 
 26.10     Minnesota Statutes 1998, sections 505.01; 505.02; 505.03; 
 26.11  505.04; 505.05; 505.06; 505.07; 505.08, subdivisions 1, 2, and 
 26.12  2a; 505.09; 505.10; 505.11; 505.12; 505.13; 505.14; 505.16; 
 26.13  505.165; 505.17; 505.173; 505.174; 505.175; 505.176; 505.177; 
 26.14  505.178; 505.179; 505.1791; 505.1792; 505.1793; 505.18; 505.19; 
 26.15  505.20; 505.21; 505.22; 505.23; 505.24; 505.25; 505.26; 505.28; 
 26.16  505.31; 505.32; and 505.33; and Minnesota Statutes 1999 
 26.17  Supplement, section 505.08, subdivision 3, are repealed.