Minnesota Session Laws - 2004, Regular Session

                            CHAPTER 154-S.F.No. 1653 
                  An act relating to real property; clarifying plat and 
                  survey approval requirements; clarifying the process 
                  for preserving section and quarter-section markers; 
                  amending Minnesota Statutes 2002, sections 160.15; 
                  389.09. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2002, section 160.15, is 
        amended to read: 
           160.15 [PRESERVING SECTION OR QUARTER-SECTION CORNERS.] 
           Subdivision 1.  [PERMANENT MARKING OF CORNERS.] Whenever 
        the construction, reconstruction, or maintenance of a 
        public street or highway, including city streets, causes the 
        destruction or obliteration of a known section or quarter- 
        section corner marking marker or monument, it shall be the duty 
        of the road authority having jurisdiction over the highway or 
        street to shall provide for the permanent marking of such the 
        corners and to place reference or witness monuments so that the 
        corners can be readily located.  
           Subd. 2.  [MANNER OF PLACEMENT.] The permanent marking of 
        the corners and establishment of reference or witness 
        monuments shall must be in the manner following:  At the exact 
        location of the corner there shall must be placed a durable 
        stone, concrete, or metal marker not less than four inches in 
        diameter at the top and not less than 18 inches deep.  In the 
        case of a paved highway there shall also be placed over the 
        marker and in the surface of the pavement a metallic plug not 
        less than one inch in diameter and two inches in depth., placed 
        so as not to be disturbed by routine maintenance activities.  
        For a paved highway, a supplemental marker must be placed over 
        the durable monument.  The supplemental marker must be visible 
        at the road surface and set in a manner so as not to be 
        disturbed by routine snow plowing.  When not practical or safe 
        to set a corner marker in a highway surface, a durable metal 
        marker may be set as a permanent witness monument on the section 
        line or quarter-section line.  
           Subd. 3.  [TIME OF PLACEMENT; MONUMENT OF DURABLE 
        MATERIAL.] Reference or witness monuments evidencing the 
        location of the corner shall must be established before the 
        obliteration of the corner in at least two places most 
        practicable and shall consist of stone, concrete, or cast iron. 
           Subd. 4.  [FILING OF CERTIFICATE.] The engineer or land 
        surveyor placing and establishing the markers or monuments shall 
        file a certificate to that effect in the office of the county 
        recorder, or in the office of the county surveyor where the 
        county maintains a full-time office, in the county or counties 
        wherein the markers or monuments were placed.  Each 
        certificate shall must contain only the record of markers and 
        monuments at one corner.  The county recorder may charge a fee 
        of 50 cents for each certificate filed. 
           Subd. 5.  [CONTENTS OF CERTIFICATE.] The certificates shall 
        must be on sheets of durable material, which sheets shall must 
        be in size 8-1/2 by 11 inches with a margin at the left for 
        binding.  The certificates shall must contain the following: 
           (a) (1) identification of section, or quarter-section 
        corner.; 
           (b) (2) description of monument removed.; 
           (c) (3) description of replacement monument.; 
           (d) (4) reference ties or witness monuments.; 
           (e) (5) statements relating to physical and parol evidence 
        relating to history and authenticity of the corner monument.; 
           (f) (6) date of remonumentation.; and 
           (g) (7) certification by a registered land surveyor or 
        registered engineer. 
           Subd. 6.  [COST OF PLACING MARKERS.] The cost of placing 
        the markers and monuments, including filing fees, shall must be 
        paid out of the respective funds provided by law, or set aside 
        for highway or street purposes. 
           Sec. 2.  Minnesota Statutes 2002, section 389.09, is 
        amended to read: 
           389.09 [APPROVAL OF PLATS AND SURVEYS AND CONDOMINIUM 
        PLATS.] 
           Subdivision 1.  [PLATS AND SURVEYS IN CERTAIN COUNTIES.] In 
        any county in which there is a county surveyor who maintains an 
        office on a full-time basis in a building maintained by the 
        county for county purposes or other licensed land surveyor hired 
        for this purpose by the county, the county board may, by 
        ordinance adopted in accordance with section 375.51, require 
        that each subdivision plat or registered land survey plat or 
        common interest community plat must be approved by the county 
        surveyor or other licensed land surveyor hired for this purpose 
        by the county before recording.  The county board shall 
        establish a schedule of fees charged to proprietors of plats for 
        this service. 
           Subd. 2.  [COMMON INTEREST COMMUNITY PLATS.] A county board 
        may, by ordinance adopted in accordance with section 375.51, 
        require that each common interest community plat submitted for 
        recordation after July 31, 1985, be approved by the county 
        surveyor or other licensed land surveyor hired for this purpose 
        by the county, for compliance with section 515B.2-110, before 
        recording.  The process of approving the common interest 
        community plat must be conducted in an expeditious manner so as 
        not to unduly delay the recording of the common interest 
        community plat.  The proprietor of the common interest community 
        plat may be charged a reasonable fee for the service in 
        accordance with a schedule established by resolution passed by 
        the governing body of the county. 
           Presented to the governor April 6, 2004 
           Signed by the governor April 8, 2004, 1:40 p.m.