SF 771

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 08/21/2015 11:05am

A bill for an act
relating to surveying; streamlining and simplifying statutory sections; making
technical and conforming changes; amending Minnesota Statutes 2014, sections
160.15, subdivisions 1, 3; 358.47; 381.12; 389.09, subdivision 1; 505.021,
subdivisions 1, 5, 7, 9; 505.04; 505.1792, subdivision 1; 507.093; 508.47,
subdivision 4; 508A.47, subdivision 4; repealing Minnesota Statutes 2014,
sections 160.15, subdivisions 2, 4, 5; 389.09, subdivision 2.

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

Section 1.

Minnesota Statutes 2014, section 160.15, subdivision 1, is amended to read:

Subdivision 1.

Permanent marking Perpetuation of corners.

Whenever the
construction, reconstruction, or maintenance of a public street or highway causes the
destruction or obliteration of a known section or quarter-section public land survey corner
marker or monument, the road authority having jurisdiction over the highway or street
shall provide for the permanent marking perpetuation of the corners and place placement
of corner monuments, corner markers, reference monuments, or witness monuments so
that the corners can be readily located by a land surveyor licensed under chapter 326. A
certificate of location of government corner shall be prepared in accordance with section
381.12.

Sec. 2.

Minnesota Statutes 2014, section 160.15, subdivision 3, is amended to read:

Subd. 3.

Time of placement; monument tie objects of durable material.

Reference or witness monuments ties evidencing the location of the public land survey
corner must shall be established by a land surveyor licensed under chapter 326 before the
obliteration of the corner in at least two three places most if practicable and shall consist of
stone, concrete, or cast iron objects of durable material. If it is not practicable to establish
three reference ties, two must be established.

Sec. 3.

Minnesota Statutes 2014, section 358.47, is amended to read:

358.47 CERTIFICATE OF NOTARIAL ACTS.

(a) A notarial act must be evidenced by a certificate physically or electronically
signed and dated by a notarial officer in a manner that attributes such signature to the
notary public. The notary's name as it appears on the official notarial stamp and on any
jurat or certificate of acknowledgment and in the notary's commission must be identical.
The certificate must include identification of the jurisdiction in which the notarial act is
performed and the title of the office of the notarial officer and must include the official
notarial stamp, pursuant to section 359.03, except: (1) a plat as described in section
505.021; (2) a registered land survey as described in section 508.47 or 508A.47; or (3)
a CIC plat or a supplemental CIC plat as described in chapter 515B shall be recorded
regardless of whether a notary stamp was used or was illegible if used, if a certificate of
notarial act that includes the jurisdiction of the notarial act, the name and title of the
notarial officer, and the date the notary commission expires is printed in pen and ink or
typewritten on the plat, the registered land survey, or the CIC plat or supplemental CIC
plat. If the officer is a commissioned officer on active duty in the military service of the
United States, it must also include the officer's rank.

(b) A certificate of a notarial act is sufficient if it is in English and meets the
requirements of subsection (a) and it:

(1) is in the short form set forth in section 358.48;

(2) is in a form otherwise prescribed by the law of this state;

(3) is in a form prescribed by the laws or regulations applicable in the place in
which the notarial act was performed; or

(4) sets forth the actions of the notarial officer and those are sufficient to meet the
requirements of the designated notarial act.

(c) By executing a certificate of a notarial act, the notarial officer certifies that the
officer has made the determinations required by section 358.42.

Sec. 4.

Minnesota Statutes 2014, section 381.12, is amended to read:

381.12 SECTION CORNERS RELOCATED PERPETUATED.

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 public land survey corners have been destroyed or are
becoming obscure, it may employ a licensed land surveyor licensed under chapter 326 to
preserve, restore and mark the perpetuate said corners with a durable magnetic monument
monuments. The land surveyor shall make full and accurate notes and records from which
the entire survey can be relocated retraced, and shall, no later than one year after preserving,
restoring, and marking the perpetuating the corners, shall file a certified copy of the same,
with a filed plat, the records of such survey and a certificate of location of government
corner for each corner, prepared in compliance with subdivision 3. The land surveyor shall
file the records and certificate in 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,
the land surveyor shall record it them in the office of the county recorder. The monuments
are prima facie evidence of the original United States public land survey corners.

Subd. 2.

Expense, tax levy.

The county board of any county may levy a tax upon
all the taxable property in the county for the purpose of defraying the expense incurred, or
to be incurred for:

(1) the preservation and restoration of monuments under this section;

(2) the preservation or establishment of control monuments for mapping activities;

(3) the modernization of county land records through the use of parcel-based land
management systems; or

(4) the establishment of geographic (GIS), land (LIS), management (MIS)
information systems.

Subd. 2a.

Monuments; manner of placement.

(a) Perpetuation of the corners and
placing of corner monuments, reference monuments, or witness monuments must be in the
manner described in paragraphs (b) to (e).

(b) At the corner location, a durable magnetic monument must be placed so as
not to be disturbed by routine activities.

(c) For a corner monument set below a paved surface, a supplemental marker that is
visible at the surface must be set.

(d) An access cover or monument box providing access to a monument below a
paved surface may be used in lieu of setting a supplemental marker at the surface.

(e) If it is not practical or safe to set a monument at the corner location, a durable
magnetic monument may be set as a witness or reference monument.

Subd. 3.

U.S. public land survey monument record Certificate of location of
government corner.

(a) A United States public land survey monument record certificate
of location of government corner must be prepared as part of any land survey which
includes or requires the use, 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 certificate of
location of government corner 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 certificate of location of government corner on file in
the office of the county surveyor where the county maintains a full-time office, or in the
office of or the county recorder for the county in which the corner is located; or

(3) the witness reference ties referred to in have been destroyed or differ from those
shown on an existing United States public land survey monument record have been
destroyed certificate of location of government corner on file in the office of the county
surveyor or the county recorder for the county in which the corner is located; or

(4) the corner, witness, or reference monuments shown on an existing certificate of
location of government corner on file in the office of the county surveyor or the county
recorder for the county in which the corner is located 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) (b) A United States public land survey monument record must show the
position of the corner and certificate of location of government corner 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
occupation evidence, testimonial parol evidence, or any other material evidence
considered by the land surveyor, and whether the monument was found or placed;

(3) a description of any corner monument, witness monument, or reference
monument placed;

(3) if possible (4) where practicable, reference ties to at least three witness
monuments made of concrete, natural stone, iron, or other equally durable material,
including trees durable objects;

(4) (5) a plan view drawing depicting the corner position, 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) (6) a description of any significant discrepancy between the position of the corner
as restored and the position of that corner as previously restored accepted or certified;

(6) whether (7) a statement identifying the methods used to restore and perpetuate
the corner was restored through acceptance of an obliterated evidence position or a found
perpetuated position; and

(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.

(c) The certificate of location of government corner shall be certified according
to Minnesota Rules, part 1800.4200, subpart 4, and shall include a statement that the
certificate of location of government corner is correct and complete to the best of the land
surveyor's knowledge and belief.

(d) No later than one year after perpetuating or restoring the a public land survey
corner, the land surveyor shall file or record the certificate of location of government
corner in the same manner as required under subdivision 1.

(e) A reasonable fee for professional services may be paid to the land surveyor filing
or recording the certificate of location of government corner with the respective county, on
approval and determination of the fee by resolution of the county board.

Sec. 5.

Minnesota Statutes 2014, section 389.09, subdivision 1, is amended to read:

Subdivision 1.

Plats and surveys in counties.

In any county in which there is a
county surveyor 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, and 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.

Sec. 6.

Minnesota Statutes 2014, section 505.021, subdivision 1, is amended to read:

Subdivision 1.

Plat format.

A The plat shall be prepared on four mil transparent
reproducible film or the equivalent with a minimum thickness of four mil, and shall be
prepared by a photographic process. Plat sheet size shall be 22 inches by 34 inches. A
border line shall be placed one-half inch inside the outer edge of the plat on the top and
bottom 34-inch sides; and the right 22-inch side; and two inches inside the outer edge of
the plat on the left 22-inch side. If a plat consists of more than one sheet, the sheets shall
be numbered consecutively. Only the official plat shall be labeled "OFFICIAL PLAT" and
any copy shall be labeled "copy" in the center of the top margin.

Sec. 7.

Minnesota Statutes 2014, section 505.021, subdivision 5, is amended to read:

Subd. 5.

Mathematical data; dimensions; labels; symbols.

A plat shall show
all survey and mathematical information and data necessary to locate and retrace all
boundary lines and monuments. Bearings, azimuths, and central angles shall be expressed
in degrees, minutes, and seconds and labeled with the respective symbols. A north arrow
and directional orientation note shall be shown. Distances shall be expressed in feet
and hundredths of a foot. All straight line segments of the plat shall be labeled with the
length of the line and bearing or azimuth. All curved line segments of the plat shall be
labeled with the central angle, arc length, and radius length. If any curve is nontangential
the dimensions shall include a long chord bearing or azimuth, and shall be labeled
nontangential. The mathematical closure tolerance of the plat boundary, blocks, lots, and
outlots shall not exceed 2/100 of a foot. A graphics scale shall be shown along with the
label "Scale In Feet." Dimension and descriptive recitals in the legal description shown on
the plat shall be depicted and labeled on the graphic portion of the plat. A symbol shall
indicate the position of all found and set plat monuments, along with a description of
each. Text used on the plat shall not be smaller than eight-point type. Ditto marks and
foot and inch symbols shall not be used.

Sec. 8.

Minnesota Statutes 2014, section 505.021, subdivision 7, is amended to read:

Subd. 7.

Easements.

All easements to be dedicated on the plat shall be depicted
on the plat with purpose, identification, and sufficient mathematical data to locate the
boundaries of the easements. Easements created on the plat shall be limited to public
utility and/or drainage easements, public ways, and utility easements as defined in
section 505.01, subdivision 3, paragraphs (b), (h), and (j). Drainage and utility easement
boundaries shall be shown as dashed lines. Temporary easements, building setback
information, and building floor elevations shall not be shown on a plat.

Sec. 9.

Minnesota Statutes 2014, section 505.021, subdivision 9, is amended to read:

Subd. 9.

Certifications.

(a) A plat shall contain a certification by the land surveyor
who surveyed or directly supervised the survey of the land being platted, and prepared the
plat or directly supervised the plat preparation. The certificate shall state that:

(1) the plat is a correct representation of the boundary survey;

(2) all mathematical data and labels are correctly designated on the plat;

(3) all monuments depicted on the plat have been or will be correctly set within
one year as indicated on the plat;

(4) all water boundaries and wet lands as of the date of the surveyor's certification
are shown and labeled on the plat; and

(5) all public ways are shown and labeled on the plat.

The surveyor's certification shall be properly acknowledged by the surveyor on the plat
before a notarial officer.

(b) A plat shall contain a certification of approval executed by the local elected
governmental unit or an authorized official designated by the local elected governmental
unit.

(c) In any county that requires review and approval of plats by the county surveyor
or another land surveyor in accordance with section 389.09, subdivision 1, the plat shall
contain a certification of approval executed by the county surveyor or other licensed land
surveyor that this plat is in compliance with this section hired by the county.

(d) A plat shall contain a certification by the proper county official that there are
no delinquent taxes owed and that the current year's payable taxes have been paid in
accordance with section 272.12.

(e) A plat shall contain a certification of recording by the county recorder or registrar
of titles, or both, if the plat contains both nonregistered and registered property.

Sec. 10.

Minnesota Statutes 2014, section 505.04, is amended to read:

505.04 REAL ESTATE TAXES; RECORDING; COPIES.

Every plat, when duly certified, signed, and acknowledged, as provided in section
505.021, and upon presentation of a certificate from the authorized county official that the
current year's taxes have been paid, shall be recorded in the office of the county recorder or
registrar of titles, or both, if the plat contains both nonregistered and registered property.
An All copies required by the county shall be exact transparent reproducible copy shall, at
the discretion of the county recorder or registrar of titles, be provided to the county recorder
or registrar of titles, or both, if the plat contains both nonregistered and registered property.
The official plat shall be labeled "OFFICIAL PLAT" and any copy shall be labeled "copy."
copies prepared in accordance with section 505.021, subdivision 1. The official plat and
any copy copies maintained in county offices shall be placed under the direct supervision of
the county recorder or registrar of titles, or both, if the plat contains both nonregistered and
registered property and be open to inspection by the public. In counties having a full-time
county surveyor who operates an office on a full-time basis, the exact copy may be placed
under the direct supervision of the county surveyor and be open to inspection by the public.
Upon request of the county auditor of the county wherein the land is situated, the county
recorder or registrar of titles shall cause a reproduction copy of the official plat, or of the
exact copy, to be made and filed with the county auditor, at the expense of the county.

Sec. 11.

Minnesota Statutes 2014, section 505.1792, subdivision 1, is amended to read:

Subdivision 1.

Informal; for information.

In order to give supplemental
information to the public as to the location of streets, county roads, county state-aid
highways, town roads, and other transportation corridors, and the right-of-way thereof,
the governing body of any city, town, or county may file for record in the office of the
county recorder and the registrar of titles of said county such maps or plats showing such
information as the governing body shall determine necessary. The map or plat shall be
subscribed by the mayor or chair of the governing body and the county surveyor, together
with a certified copy of the resolution of the governing body setting forth the necessity for
said plat, and shall be entitled to record without compliance with the provisions of this
chapter, except as provided in this section. Any amendments, alterations, or vacations of
such maps or plats so filed may be entitled to record in like manner.

Sec. 12.

Minnesota Statutes 2014, section 507.093, is amended to read:

507.093 STANDARDS FOR DOCUMENTS TO BE RECORDED OR FILED.

The following standards are imposed on documents to be recorded with the county
recorder or the registrar of titles other than by electronic means as provided in section
507.24, except as provided in sections 505.021, subdivision 1, and 505.04 for plats;
508.47, subdivision 4, and 508A.47, subdivision 4, for registered land surveys; and
515B.2-110(c) and 515B.2-1101(c) for common interest community plats:

(1) The document shall consist of one or more individual sheets measuring no larger
than 8.5 inches by 14 inches.

(2) The form of the document shall be printed, typewritten, or computer generated in
black ink and the form of the document shall not be smaller than 8-point type.

(3) The document shall be on white paper of not less than 20-pound weight with no
background color or images and, except for the first page, shall have a border of at least
one-half inch on the top, bottom, and each side.

(4) The first page of the document shall contain a blank space at the top measuring
three inches, as measured from the top of the page, and a border of one-half inch on each
side and the bottom. The right half of the blank space shall be reserved for recording
information and the left half shall be reserved for tax certification. Any person may attach
an administrative page before the first page of the document to accommodate this standard.
The administrative page may contain the document title, document date, and, if applicable,
the grantor and grantee, and shall be deemed part of the document when recorded.

(5) The title of the document shall be prominently displayed at the top of the first
page below the blank space referred to in clause (4), or on the administrative page.

(6) No additional sheet shall be attached or affixed to a page that covers up any
information or printed part of the form.

(7) A document presented for recording must be sufficiently legible to reproduce
a readable copy using the county recorder's or registrar of title's current method of
reproduction.

Sec. 13.

Minnesota Statutes 2014, section 508.47, subdivision 4, is amended to read:

Subd. 4.

Survey; requisites; filing; copies.

The registered land survey shall
correctly show the legal description of the parcel of unplatted land represented by said
registered land survey and the outside measurements of the parcel of unplatted land and of
all tracts delineated therein, the direction of all lines of said tracts to be shown by angles
or bearings or other relationship to the outside lines of said registered land survey, and the
surveyor shall place monuments in the ground at appropriate corners, and all tracts shall
be lettered consecutively beginning with the letter "A." A registered land survey which
delineates multilevel tracts shall include a map showing the elevation view of the tracts
with their upper and lower boundaries defined by elevations referenced to a mean sea level
adjusted datum benchmark. None of said tracts or parts thereof may be dedicated to
the public by said registered land survey.

A licensed land surveyor shall certify that the registered land survey is a correct
representation of said parcel of unplatted land. The certification shall be properly
acknowledged by the land surveyor on the registered land survey before a notarial officer.
All signatures on the registered land survey shall be written with black ink and shall not
be written with ball point ink. The registered land survey shall be prepared on four mil
transparent reproducible film or the equivalent with a minimum thickness of four mil, and
shall be prepared by a photographic process. Sheet size shall be 22 inches by 34 inches.
A border line shall be placed one-half inch inside the outer edge of the sheet on the top
and bottom 34-inch sides; and the right 22-inch side; and two inches inside the outer edge
of the sheet on the left 22-inch side. Text used on the registered land survey shall not be
smaller than eight-point type. If the registered land survey consists of more than one sheet,
the sheets shall be numbered consecutively. The registered land survey shall be labeled
"OFFICIAL," and any copy shall be labeled "copy" in the center of the top margin.

Before filing, however, any survey shall be approved in the manner required for the
approval of subdivision plats, which approval shall be endorsed on it or attached to it.

At the time of filing, a registered land survey shall contain a certification by the
proper county official that there are no delinquent taxes owed and that the current year's
payable taxes have been paid in accordance with section 272.12.

Notwithstanding any provisions of subdivision 5 to the contrary, no other copies of
the survey need be filed.

The registrar shall duly certify and furnish to any person a copy of said registered
land survey, which shall be admissible in evidence.

Sec. 14.

Minnesota Statutes 2014, section 508A.47, subdivision 4, is amended to read:

Subd. 4.

Survey; requisites; filing; copies.

The registered land survey shall
correctly show the legal description of the parcel of unplatted land represented by the
registered land survey and the outside measurements of the parcel of unplatted land and of
all tracts delineated therein, the direction of all lines of the tracts to be shown by angles or
bearings or other relationship to the outside lines of the registered land survey, and the
surveyor shall place monuments in the ground at appropriate corners, and all tracts shall
be lettered consecutively beginning with the letter "A." A registered land survey which
delineates multilevel tracts shall include a map showing the elevation view of the tracts
with their upper and lower boundaries defined by elevations referenced to a mean sea
level adjusted datum benchmark. None of the tracts or parts of them may be dedicated to
the public by the registered land survey.

A licensed land surveyor shall certify that the registered land survey is a correct
representation of said parcel of unplatted land. All signatures on the registered land survey
shall be written with black ink and shall not be written with ball point ink. The registered
land survey shall be prepared on four mil transparent reproducible film or the equivalent
with a minimum thickness of four mil, and shall be prepared by a photographic process.
Sheet size shall be 22 inches by 34 inches. A border line shall be placed one-half inch
inside the outer edge of the sheet on the top and bottom 34-inch sides; and the right
22-inch side; and two inches inside the outer edge of the sheet on the left 22-inch side.
Text used on the registered land survey shall not be smaller than eight-point type. If the
registered land survey consists of more than one sheet, the sheets shall be numbered
consecutively. Only the registered land survey shall be labeled "OFFICIAL" and any copy
shall be marked "copy" in the center of the top margin.

Before filing, however, any survey shall be approved in the manner required for the
approval of subdivision plats, which approval shall be endorsed on it or attached to it.

At the time of filing, a registered land survey shall contain a certification by the
proper county official that there are no delinquent taxes owed and that the current year's
payable taxes have been paid in accordance with section 272.12.

Notwithstanding any provisions of subdivision 5 to the contrary, no other copies of
the survey need be filed.

The registrar shall duly certify and furnish to any person a copy of the registered
land survey. The copy shall be admissible in evidence.

Sec. 15. REPEALER.

Minnesota Statutes 2014, sections 160.15, subdivisions 2, 4, and 5; and 389.09,
subdivision 2, are repealed.