Minnesota Session Laws - 2005, Regular Session

                             CHAPTER 99-H.F.No. 478 
                  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 shall, no 
        later than one year after placing and establishing them, file a 
        certificate to that effect in the office of the county recorder, 
        or in the office of the county surveyor where, if the county 
        maintains a full-time office, in the county or counties wherein 
        in which the markers or monuments were placed.  If 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.  Each certificate 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.
           [EFFECTIVE DATE; APPLICATION.] This section is effective 
        August 1, 2005, and applies to markers and monuments placed and 
        established on or after that date. 
           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 shall, no later 
        than one year after preserving, restoring, and marking the 
        corners, file a certified copy of the same, 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, and if not, 
        shall record it in the office of the county recorder.  The 
        monuments are prima facie evidence of the original United States 
        public land survey corners. 
           [EFFECTIVE DATE; APPLICATION.] This section is effective 
        August 1, 2005, and applies to corners preserved, restored, and 
        marked on or after that date. 
           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) No 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.  
           (e) A reasonable fee for professional services may be paid 
        to the surveyor filing or recording the certificate with the 
        respective county, on approval and determination of the fee by 
        resolution of the county board. 
           [EFFECTIVE DATE; APPLICATION.] This section is effective 
        August 1, 2005, and applies to corners perpetuated or restored 
        on or after that date. 
           Sec. 4.  Minnesota Statutes 2004, section 389.03, is 
        amended to read: 
           389.03 [COMPENSATION; RECORDS.] 
           (a) Except 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 county,.  If an office for the county surveyor 
        is maintained in a building maintained by the county for county 
        purposes on a full-time basis, then the records shall be kept in 
        the office of the county surveyor.  
           (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. 
           [EFFECTIVE DATE.] This section is effective August 1, 2005. 
           Presented to the governor May 24, 2005 
           Signed by the governor May 27, 2005, 3:50 p.m.