Minnesota Session Laws - 1986, Regular Session

  

                         Laws of Minnesota 1986 

                        CHAPTER 365-H.F.No. 2216 
           An act relating to land surveying; providing for the 
          surveying of lands by a county board; providing for 
          the establishment of an office of county surveyor or 
          the assignment of its duties; increasing the amount 
          the Olmsted county board may appropriate annually for 
          use as a contingent fund; providing a penalty; 
          amending Minnesota Statutes 1984, sections 381.01; 
          381.02; 381.03; 381.04; 381.05; 381.06; 381.07; 
          381.08; 381.09; 381.10; 381.12; 381.13; 389.011; 
          389.02; 389.03; 389.04; 389.08; Minnesota Statutes 
          1985 Supplement, section 389.09, subdivision 1; Laws 
          1965, chapter 433, section 1, as amended; proposing 
          coding for new law in Minnesota Statutes, chapter 381; 
          repealing Minnesota Statutes 1984, section 389.06. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 381.01, is 
amended to read: 
    381.01 [PETITION.] 
    Upon On petition of any a town board in the case of a 
township, or of at least two taxpayers in any a section, in the 
case of a section, filed with the county auditor, praying 
therefor requesting it, the county board may cause any such 
direct that the township or section to be surveyed or subdivided.
     Sec. 2.  Minnesota Statutes 1984, section 381.02, is 
amended to read: 
    381.02 [MEETING; NOTICE.] 
    At its next regular meeting after such the petition is 
filed, the county board shall fix a time and place of meeting to 
consider the same it, of which three weeks' published notice, 
containing the substance of the petition, a description of the 
lands to be affected, and the names of the owners thereof as 
they appear in the last tax duplicate, shall must be 
given.  Such The notice shall must also be personally served on 
each occupant of land to be affected by the survey.  
     Sec. 3.  Minnesota Statutes 1984, section 381.03, is 
amended to read: 
    381.03 [HEARING; CONTRACT WITH SURVEYOR.] 
    Upon On the hearing of such the petition, all parties 
interested may appear and be heard, and the county board may 
grant or reject the application.  If granted, it shall appoint a 
competent licensed surveyor to make the survey, with whom a 
written contract for the performance of the work shall must be 
made, secured by a sufficient bond executed by such the surveyor 
and approved by the board.  Two weeks' published notice of the 
appointment of such the surveyor, specifying the date when the 
survey will be begun begin, shall must be given.  At the time 
so appointed time, the work shall be begun begin, and shall 
continue without unnecessary delay until completed.  
     Sec. 4.  Minnesota Statutes 1984, section 381.04, is 
amended to read: 
    381.04 [DUTIES OF SURVEYOR.] 
    Such The surveyor shall keep complete and accurate records 
and field notes of all the work, giving dates, names of 
assistants, lengths and relative directions of all lines, a full 
description of the evidence and method by which corners are 
located or restored, and full complete data by which the entire 
survey can be relocated.  Distances shall must be given in feet 
and decimals thereof.  Substantial iron or stone Durable 
magnetic monuments shall must be planted placed at or near 
all restored government corners reestablished, and the names of 
at least three resident witnesses must be given in such notes 
for each monument.  He or as references to the government 
corners.  The surveyor shall make a plat upon a strong linen 
paper on durable reproductible material, showing all the above 
mentioned facts, so far as practicable, and also all tracts of 
land affected, with the name of the owner and acreage of each 
tract.  Such The plat shall must have endorsed thereon the 
affidavit of the surveyor to the effect that such the survey and 
plat are correct and accurate.  
    Sec. 5.  Minnesota Statutes 1984, section 381.05, is 
amended to read: 
    381.05 [PLAT AS EVIDENCE.] 
    If the board approve approves the plat, its certificate of 
approval, signed by the chairman, shall must be endorsed 
thereon, and thereupon.  The surveyor shall then file the plat, 
records and field notes shall be filed in the office of the 
county recorder, and shall be prima facie evidence that the 
survey is correct.  If an office for the county surveyor is 
maintained in a building maintained by the county for county 
purposes on a full-time basis, the plat, records and field notes 
must be filed in the surveyor's office with a copy of the plat 
filed in the office of the county recorder.  The plats, records 
and field notes filed under this provision are prima facie 
evidence that the survey is correct.  The surveyor shall pay to 
the recorder $1 the current fee for filing and recording the 
plat, records and field notes or plat, as the case may be. 
     Sec. 6.  Minnesota Statutes 1984, section 381.06, is 
amended to read: 
    381.06 [EXPENSES; ASSESSMENT.] 
    The surveyor shall thereupon then make a certified report 
to the board, showing in detail the entire expense of such the 
survey, which shall must be equitably apportioned and assessed 
by the board to the several tracts affected.  
     Sec. 7.  Minnesota Statutes 1984, section 381.07, is 
amended to read: 
    381.07 [ASSESSMENT; NOTICE; CONFIRMATION.] 
    Upon On making such the assessment, the board 
shall forthwith cause give one week's published notice thereof 
to be given.  Such The notice shall must contain a description 
of each tract of land affected, and specify the amount assessed 
against the same each tract, the name of the supposed owner, and 
the time and place of meeting of the board to correct and 
confirm such the assessment.  At the time and place so fixed 
given in the notice, the board, after making all proper 
corrections and adjustments, shall make an order confirming such 
the assessment.  
     Sec. 8.  Minnesota Statutes 1984, section 381.08, is 
amended to read: 
    381.08 [ASSESSMENT ENTERED ON TAX DUPLICATE.] 
    Upon On the filing of such the order of confirmation, the 
county auditor shall enter upon on the tax duplicate for the 
current year, against each such tract of land, the amount so 
assessed against the same it, which shall be collected as other 
taxes, and go into be deposited in the county revenue fund.  
     Sec. 9.  Minnesota Statutes 1984, section 381.09, is 
amended to read: 
    381.09 [EXPENSES, HOW PAID.] 
    After the filing of the order of confirmation, the expenses 
of such the survey, not exceeding the amount of the assessment, 
shall must be paid out of the general revenue fund of the county 
in the same manner as other claims.  
     Sec. 10.  Minnesota Statutes 1984, section 381.10, is 
amended to read: 
    381.10 [APPEALS.] 
    Appeals from the order of confirmation may be taken to the 
district court by any person aggrieved, in like the same manner 
as from the determination of the board in laying out roads.  
On such an appeal the court may inquire into and review all 
matters relating to the survey or assessment or expenses 
affecting the party appealing, which are specified in the notice 
of appeal.  
    Sec. 11.  Minnesota Statutes 1984, section 381.12, is 
amended to read: 
    381.12 [SECTION CORNERS RELOCATED.] 
    Subdivision 1.  [SURVEYOR, EMPLOYMENT.] When it shall be 
made to appear to the satisfaction of the county board 
determines that the monuments established by the United States 
in its surveys of the public lands survey to mark section, 
quarter section, and meander corners have been destroyed or are 
becoming obscure, it may employ a competent licensed surveyor to 
relocate and reestablish preserve, restore and mark the same 
corners with a durable magnetic monument.  Such surveyor shall 
mark each corner reestablished by a sufficient iron or stone 
landmark, and The surveyor shall make full and accurate notes 
and data records from which his the entire survey can be 
relocated, and shall file a certified copy of the same, and a 
map of the survey with a plat, in the office of the county 
recorder or 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.  Such landmarks shall be The 
monuments are prima facie evidence that the points where they 
are located are the section, quarter section, or meander 
corners, as the case may be, established by of the original 
United States public land survey corners. 
    Subd. 2.  [EXPENSE, TAX LEVY.] For the purpose of defraying 
the expense incurred, or to be incurred in the relocation and 
reestablishment preservation and restoration of 
monuments pursuant to subdivision 1 under this section, the 
county board of any county may levy a tax upon all the taxable 
property in the county. 
    Subd. 3.  [UNITED STATES 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) A reasonable fee for professional services may be paid 
to the surveyor filing the certificate with the respective 
county, on approval and determination of the fee by resolution 
of the county board. 
     Sec. 12.  Minnesota Statutes 1984, section 381.13, is 
amended to read: 
    381.13 [TOWNSHIP LANDMARKS.] 
    In every county containing a population exceeding 5,000, 
the county board shall cause to be placed by a competent 
licensed surveyor at the northeast corner of each congressional 
township a permanent landmark, which shall be either a stone not 
less than eight inches square and two feet long, or an iron post 
not less than two inches square and 30 inches long, having a 
head six inches square durable magnetic monument having a head 
not less than 3-1/2 inches in diameter and a length of 20 
inches.  Such landmark shall The monument must be embedded its 
full length in the ground, and have plainly cut or engraved on 
the top thereof letters and figures indicating the number of the 
section, township, and range.  The county board shall pay from 
the treasury the expense of preparing and placing such landmarks 
shall be paid out of the county treasury installing the 
monuments, and the place where the same monument is located 
shall be is prima facie evidence of the northeast corner of such 
township.  Any person who shall remove, destroy, or deface any 
such landmark shall be guilty of a misdemeanor.  
    Sec. 13.  [381.19] [VIOLATIONS; PENALTY.] 
    Any person who willfully removes, destroys, or defaces a 
monument lawfully erected is guilty of a misdemeanor. 
     Sec. 14.  Minnesota Statutes 1984, section 389.011, is 
amended to read: 
    389.011 [QUALIFICATIONS; APPOINTMENT; ELECTION; TERMINATION 
OF OFFICE; PERFORMANCE OF DUTIES; BONDS.] 
    Subdivision 1.  [QUALIFICATIONS.] Any A county surveyor 
elected or appointed after July 1, 1961, or any a surveyor 
designated to perform the professional duties of a county 
surveyor after July 1, 1961, shall must be registered licensed 
in Minnesota as a land surveyor as provided in chapter 
326.  Such The professional duties shall of a county surveyor 
include any of the duties involved in the practice of land 
surveying as provided in chapter 326.  Any A county surveyor or 
other surveyor designated to perform the duties of a county 
surveyor at all times must be licensed in Minnesota as a land 
surveyor while holding such office or while such designation is 
in effect shall be duly registered in Minnesota as a land 
surveyor.  Failure on the part of any such a land surveyor to 
keep his registration license current shall be deemed 
adequate is grounds for the board of county commissioners to 
declare said the office vacant and to appoint a properly 
qualified person to such office.  As used in this section, the 
term land surveyor shall mean means a surveyor duly registered 
licensed in Minnesota as a land surveyor.  
    Any A county surveyor or other licensed surveyor designated 
to perform the duties of a county surveyor after July 1, 1961, 
before entering upon his duties, in addition to such bond and 
oath of office as may be is required to be filed, shall file a 
certified copy evidence of his registration license as a land 
surveyor for record with the county recorder and each year 
license period thereafter while holding such office or 
designation shall file a certified copy evidence of his 
certificate of registration license renewal for the then current 
year period with the county recorder on or before January 10 of 
each year the license expiration date. 
    Any A county surveyor holding that office on July 1, 1961, 
who was elected or appointed for a term beginning prior to July 
1, 1959, shall be deemed is eligible for reelection or 
appointment to the office of county surveyor in the county in 
which he was last elected or appointed; and if he is 
subsequently elected or appointed to that office, and is not a 
registered licensed land surveyor, in lieu of a certificate of 
registration license as a land surveyor, he shall file with the 
county recorder a certified copy of his certificate of election 
or the resolution of appointment for the term beginning prior to 
July 1, 1959.  
    Subd. 2.  [ELECTION, TERM, APPOINTMENT, TERMINATION OF 
OFFICE.] (1) In any county having less than 200,000 inhabitants 
and in which the office is vacant by reason of no person having 
been elected and qualified for the position, the board of county 
commissioners may by resolution duly adopted at least six months 
before the end of the term of office of the county surveyor, 
declare the office terminated.  If such resolution is adopted no 
person shall be elected or appointed to the office of county 
surveyor so long as such resolution remains in effect.  The 
county board by resolution adopted at least six months before 
the date of any general election may rescind its action 
terminating the office.  Such resolution rescinding its action 
terminating the office shall state whether the office shall be 
filled henceforth by election or by appointment.  
    If the resolution does not state that the office shall be 
filled by appointment the county surveyor shall be elected at 
the next general election according to law.  If the office of 
county surveyor is to be filled by appointment the board of 
county commissioners shall within 30 days of said resolution 
appoint a land surveyor to such office.  
    In the resolution terminating the office the board of 
county commissioners may designate a land surveyor who shall 
perform all professional duties of a county surveyor as provided 
by law.  As to any duties of a county surveyor which are not of 
a professional nature said duties shall be performed by the 
county engineer.  
    (2) In any a county in which the office of county surveyor 
has not been abolished by law the board of county commissioners 
may by resolution duly adopted at least six months before the 
end of the term of the office of county surveyor declare its 
intention to fill the office by appointment.  Having adopted 
such a the resolution the board of county commissioners shall 
fill the office of county surveyor by appointment of a land 
surveyor to the office not less than 30 days before the end of 
the term of office of the incumbent.  When so appointed the 
county surveyor shall serve serves for such term as determined 
by the board commencing upon beginning with the expiration of 
the term of the incumbent but not to exceed exceeding four years.
    (3) (2) In any a county wherein where the office of 
county surveyor has not been terminated or made appointive under 
the provisions of this section or abolished under other 
provisions of law, there shall be elected a county surveyor must 
be elected in the manner provided by law.  The term of office of 
the county surveyor shall be is four years and until his 
successor is elected and qualified, and begin begins on the 
first day of January next succeeding his election.  
    (4) (3) If the office of county surveyor is vacant by 
reason of no qualified person having been elected to the office 
or the board of county commissioners having failed to appoint a 
person to the office, or is otherwise vacant or if the office 
has been terminated, and no land surveyor has been designated to 
perform the professional duties of the office and there are 
duties which prior to January 1, 1961, had been the 
responsibility of the county surveyor, the officer requiring 
such these duties to be performed may retain a land surveyor to 
perform such the duties at the compensation set by the county 
board.  
    Subd. 3.  [BOND, OATH.] Any A county surveyor appointed or 
elected after July 1, 1961, before entering upon on his duties 
shall give bond to the state, approved by the county board, in 
the sum of $2,000 conditioned for on the faithful discharge of 
his duties, which.  The bond, together with his the oath, 
together with a and certified copy evidence of his 
registration license as a land surveyor or his certificate of 
election shall must be filed for record with the county recorder.
    Subd. 4.  [RESIDENCE OF SURVEYOR.] Notwithstanding any 
other provision of law any a land surveyor appointed by a board 
of county commissioners as a county surveyor, or any a land 
surveyor designated by the board to perform the duties of county 
surveyor, need not be a resident of the county in which he is 
appointed as county surveyor or designated to perform the duties 
of county surveyor.  Any county engineer may be elected or 
appointed county surveyor provided he is registered in Minnesota 
as a land surveyor. 
     Sec. 15.  Minnesota Statutes 1984, section 389.02, is 
amended to read: 
    389.02 [DEPUTIES; SURVEYS, RECORDS.] 
    The county surveyor may appoint such deputies as he thinks 
proper, deems necessary, and is responsible for the faithful and 
correct performance of whose their duties he shall be 
responsible.  He shall make all surveys within his county 
ordered by any court, public board, or officer, or required by 
any person.  He shall keep a fair and correct record of each 
survey made by himself or deputy, in a book file to be provided 
by the county board, which he shall turn over to his successor 
in office.  He shall number such surveys progressively assign 
each survey a unique number and preserve a copy of the field 
notes, which shall be complete and accurate, and calculations of 
each such survey, with the its number thereof properly endorsed 
thereon, a copy of which, with a fair and accurate plat, 
together with a certificate of survey, shall be furnished by 
such surveyor to any person requesting the same.  The surveyor 
must furnish to any person requesting it a copy of the field 
notes, calculations and survey number. 
     Sec. 16.  Minnesota Statutes 1984, section 389.03, is 
amended to read: 
    389.03 [COMPENSATION; RECORDS.] 
    Except as otherwise provided by law, the county board shall 
fix the compensation of county surveyors or their deputies, 
including their necessary expenses, shall be fixed by the board 
of county commissioners.  All records of surveys shall be are 
public records and open 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 for to the county surveyor all proper and 
necessary books files for keeping such these records.  Such 
The county record book of survey shall records must be kept in 
the office of the county surveyor or of the county recorder of 
the county, in event if an office for the county surveyor is 
maintained in the court house a building maintained by the 
county for county purposes on a full-time basis then such the 
records shall be kept in the office of the county surveyor.  
     Sec. 17.  Minnesota Statutes 1984, section 389.04, is 
amended to read:  
    389.04 [RULES FOR SURVEYS.] 
    In all surveys the basis for the courses shall must 
be expressed according to the true meridian, and the variation 
of the magnetic meridian from the true meridian shall be 
expressed on the plat, with the year, month, and day of the 
survey defined.  In subdividing townships, sections, or parts of 
sections, as established by the United States survey thereof, 
and in reestablishing restoring lost or obliterated government 
corners, the county surveyor shall follow the rules established 
by or pursuant to acts of congress, and all such surveys shall 
be made in strict conformity to the original survey made by the 
United States.  
     Sec. 18.  Minnesota Statutes 1984, section 389.08, is 
amended to read: 
    389.08 [FILING OF SURVEYS IN CERTAIN COUNTIES.] 
    In any county in which there is a county surveyor and the 
surveyor who maintains an office on a full time basis in a 
building maintained by the county for county purposes, the 
county board may by ordinance adopted in accordance with section 
375.51, require that any registered a licensed land surveyor who 
shall perform performs a survey of land for an individual or 
corporation shall must file a true and correct copy of the 
survey in the office of the county surveyor within 30 days after 
completion of the survey.  The county surveyor shall determine 
the manner of filing, and all incidents thereof, shall be 
determined by the county surveyor.  All surveys so filed shall 
be are public records and shall must be made available by 
the county surveyor at all reasonable times for inspection by 
any person. 
     Sec. 19.  Minnesota Statutes 1985 Supplement, section 
389.09, subdivision 1, is amended to read: 
    Subdivision 1.  [PLATS AND SURVEYS IN CERTAIN COUNTIES.] In 
any county in which there is a county surveyor and the 
surveyor who maintains an office on a full-time basis in a 
building maintained by the county for county purposes, the 
county board may, by ordinance adopted in accordance with 
section 375.51, require that each subdivision plat or registered 
land survey plat shall or condominium plat must be approved by 
the county surveyor before recording.  The proprietor of the 
plat shall be charged a fee for the service in accordance with a 
schedule established by the board of commissioners of the county 
board shall establish a schedule of fees charged to proprietors 
of plats for this service. 
    Sec. 20.  Laws 1965, chapter 433, section 1, as amended by 
Laws 1967, chapter 645, section 1, is amended to read: 
    Section 1.  [OLMSTED COUNTY; INCIDENTAL COSTS AND 
EXPENSES.] 
    In addition to the amount authorized by Minnesota Statutes 
1965, Section 375.16 375.161, the county board of Olmsted county 
may annually appropriate from the county revenue fund a sum not 
exceeding $1,000 $3,500 as a contingent fund for use by 
the chairman chair of the county board at his the chair's 
discretion to pay for incidental costs and expenses incurred in 
expediting the business of the county of Olmsted.  The fund 
shall be under the exclusive control of the chairman chair of 
the county board, subject to post audit by the county board. 
     Sec. 21.  [REPEALER.] 
    Minnesota Statutes 1984, section 389.06, is repealed. 
    Sec. 22.  [LOCAL APPROVAL.] 
    This act is effective the day after compliance with 
Minnesota Statutes, section 645.021, subdivision 3, by the 
county board of Olmsted county. 
    Approved March 19, 1986