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CHAPTER 389. COUNTY SURVEYOR

Table of Sections
SectionHeadnote
389.01Repealed, 1961 c 379 s 2
389.011QUALIFICATIONS; FORMALITIES; PERFORMANCE OF DUTIES.
389.013Expired
389.02DEPUTIES; SURVEYS, RECORDS.
389.03COMPENSATION; RECORDS.
389.04RULES FOR SURVEYS.
389.05PLATS AND FIELD NOTES.
389.06Repealed, 1986 c 365 s 21
389.08FILING OF SURVEYS IN CERTAIN COUNTIES.
389.09APPROVAL OF PLATS AND SURVEYS AND CONDOMINIUM PLATS.
389.01 [Repealed, 1961 c 379 s 2]
389.011 QUALIFICATIONS; FORMALITIES; PERFORMANCE OF DUTIES.
    Subdivision 1. Qualifications. A county surveyor elected or appointed after July 1, 1961, or
a surveyor designated to perform the professional duties of a county surveyor after July 1, 1961,
must be licensed in Minnesota as a land surveyor as provided in chapter 326. The professional
duties of a county surveyor include any of the duties involved in the practice of land surveying as
provided in chapter 326. A county surveyor or other surveyor designated to perform the duties of
a county surveyor must be licensed in Minnesota as a land surveyor while holding such office
or while such designation is in effect. Failure on the part of a land surveyor to keep the license
current is grounds for the board of county commissioners to declare the office vacant and to
appoint a qualified person to such office. As used in this section, the term land surveyor means a
surveyor licensed in Minnesota as a land surveyor.
A county surveyor or other licensed surveyor designated to perform the duties of a county
surveyor after July 1, 1961, before entering upon duties, in addition to such bond and oath of
office as is required to be filed, shall record certified evidence of license as a land surveyor with
the county recorder and each license period thereafter while holding such office or designation
shall record certified evidence of the license renewal for the then current period with the county
recorder on or before the license expiration date.
A county surveyor holding that office on July 1, 1961, who was elected or appointed for
a term beginning prior to July 1, 1959, is eligible for reelection or appointment to the office
of county surveyor in the county in which last elected or appointed if subsequently elected or
appointed to that office while not a licensed land surveyor, in lieu of a license as a land surveyor,
the county surveyor shall record with the county recorder a certified copy of the certificate of
election or the resolution of appointment for the term beginning prior to July 1, 1959.
    Subd. 2. Election, term, appointment. (1) In a county in which the office of county surveyor
has not been abolished by law the board of county commissioners may by resolution 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 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 serves for such term as determined by the board beginning with the expiration of the
term of the incumbent but not exceeding four years.
(2) In a county where the office of county surveyor has not been made appointive under
the provisions of this section or abolished under other provisions of law, a county surveyor
must be elected in the manner provided by law. The term of office of the county surveyor is
four years and until a successor is elected and qualified, and begins on the first day of January
next succeeding the election.
(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, 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 these duties to be performed may retain
a land surveyor to perform the duties at the compensation set by the county board.
    Subd. 3. Bond, oath. A county surveyor appointed or elected after July 1, 1961, before
entering on duties shall give bond to the state, approved by the county board, in the sum of
$2,000 conditioned on the faithful discharge of the duties. The bond, together with the surveyor's
oath, and certified evidence of a license as a land surveyor or the certificate of election must be
recorded with the county recorder.
    Subd. 4. County residency not required. Notwithstanding any other provision of law a
land surveyor appointed by a board of county commissioners as a county surveyor, or a land
surveyor designated by the board to perform the duties of county surveyor, need not be a resident
of the county in which appointed as county surveyor or designated to perform the duties of
county surveyor.
History: 1961 c 379 s 1; 1963 c 693 s 1; 1973 c 524 s 7; 1976 c 181 s 2; 1986 c 365 s
14; 1986 c 444; 2005 c 4 s 94,95
389.013 [Expired]
389.02 DEPUTIES; SURVEYS, RECORDS.
The county surveyor may appoint deputies as the county surveyor deems necessary, and is
responsible for the faithful and correct performance of their duties. The county surveyor shall
(1) make all surveys within the county ordered by any court, public board, or officer, (2) keep a
fair and correct record of each survey made by the office, in a file to be provided by the county
board, to be turned over to a successor in office, and (3) assign each survey a unique number and
preserve a copy of the field notes, which shall be complete and accurate, and calculations of each
survey, with its number properly endorsed thereon. The surveyor must furnish to any person
requesting it a copy of the field notes, calculations and survey number.
History: (937) RL s 576; 1986 c 365 s 15; 1986 c 444
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.
History: (938) RL s 577; 1909 c 303 s 1; 1919 c 480 s 1; 1943 c 296 s 1; 1953 c 416 s 1;
1976 c 181 s 2; 1986 c 365 s 16; 2005 c 99 s 4
389.04 RULES FOR SURVEYS.
In all surveys the basis for the courses must be defined. In subdividing townships, sections,
or parts of sections, as established by the United States survey thereof, and in 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.
History: (939) RL s 578; 1986 c 365 s 17
389.05 PLATS AND FIELD NOTES.
To enable surveyors to conform to the requirements of this chapter, county boards shall
procure and file with the county recorders of their respective counties certified copies of the
original plats and field notes of the United States surveys.
History: (940) RL s 579; 1976 c 181 s 2
389.06 [Repealed, 1986 c 365 s 21]
389.08 FILING OF 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, the county board may by
ordinance adopted in accordance with section 375.51, require that a licensed land surveyor who
performs a survey of land for an individual or corporation 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. All surveys so
filed are public records and must be made available by the county surveyor at all reasonable
times for inspection by any person.
History: 1975 c 112 s 1; 1976 c 113 s 1; 1986 c 365 s 18
389.09 APPROVAL OF PLATS AND SURVEYS AND CONDOMINIUM PLATS.
    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 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.
History: 1976 c 139 s 1; 1985 c 156 s 1; 1986 c 342 s 1; 1986 c 365 s 19; 1999 c 11 art 3
s 12; 2004 c 154 s 2