SENATE  BILL 
No. 803



   October 13, 1999, Introduced by Senators EMMONS and MC COTTER and referred to the
        Committee on Local, Urban and State Affairs.



        A bill to amend 1970 PA 74, entitled

   "Corner recordation act,"

   by amending sections 2, 3, 6, 7, 8, 10, 13, and 14 (MCL 54.202,

   54.203, 54.206, 54.207, 54.208, 54.210, 54.210c, and 54.210d),

   sections 2, 6, 8, 13, and 14 as amended by 1988 PA 26; and to

   repeal acts and parts of acts.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 2.  As used in this act:

 2         (a) "Property corner" means a geographic point on the sur-

 3    face of the earth, which is on, is a part of, and controls a

 4    property line.

 5         (b) "Property controlling corner" for a property means a

 6    public land survey corner or any property corner which does not

 7    lie on a property line of the property in question but which



   03862'99                                                 TMV
                                              2

 1    controls the location of 1 or more of the property corners of the

 2    property in question.

 3         (c) "Public land survey corner" means any corner actually

 4    established and monumented in an original survey or resurvey used

 5    as a basis of legal description for issuing a patent for the land

 6    to a private person from the United States government.

 7         (d) "Corner", unless otherwise qualified, means a property

 8    corner, a property controlling corner, a public land survey

 9    corner, or any combination of these.

10         (e) "Accessory", WITH RESPECT to a corner,  " 
             means any

11    exclusively identifiable physical object whose spatial relation-

12    ship to the corner is recorded.  Accessories may be bearing

13    trees, bearing objects, monuments, reference monuments, line

14    trees, pits, mounds, charcoal-filled bottles, steel or wooden

15    stakes, or other objects.

16         (f) "Monument" means  an accessory that is presumed to

17     occupy the exact  A MARKER THAT OCCUPIES THE
                       position of a corner

18     which shall be monumented in the field with permanent
             markers

19     which  AND THAT POSSESSES OR IS MADE TO possess a
                       magnetic

20    field.  , unless previously monumented with iron stakes, and

21     capped with some device legibly showing the license number
                       of the

22     licensed land surveyor responsible for placing them.
                       

23         (g) "Reference monument" means a special monument that does

24    not occupy the same geographical position as the corner itself

25    but whose spatial relationship to the corner is recorded and

26     which  THAT serves to witness the corner.





   03862'99                                   3

 1         (h)  "Licensed surveyor  "SURVEYOR" means a
             PROFESSIONAL

 2    surveyor who is licensed to practice  land 
             PROFESSIONAL

 3    surveying under the occupational code,  Act No.  299 of the

 4     Public Acts of 1980, being sections 339.101 to 339.2721 of
                       the

 5     Michigan Compiled Laws  , and has a paid-up license for that
                       cal-

 6     endar year, or who is authorized under that act to practice
                       land

 7     surveying  1980 PA 299, MCL 339.101 TO 339.2721.

 8         (i) "Board" means the board of  land 
             PROFESSIONAL survey-

 9    ors, as established by section 2002 of the occupational code,

10     Act No. 299 of the Public Acts of 1980, being section
             339.2002

11     of the Michigan Compiled Laws  1980 PA 299, MCL
                       339.2002.

12         (J) "CORNER RECORD" MEANS A WRITTEN RECORD ON A FORM,

13    APPROVED BY THE BOARD, OF A CORNER ESTABLISHED, REESTABLISHED,

14    MONUMENTED, REMONUMENTED, RESTORED, REHABILITATED, PERPETUATED,

15    OR USED AS A CONTROL IN A SURVEY.

16         (K) "COUNTY SURVEYOR" MEANS AN INDIVIDUAL HOLDING THE ELEC-

17    TIVE OFFICE OF COUNTY SURVEYOR, SUBJECT TO SECTION 95 OF 1846 RS

18    14, MCL 54.95, OR AN INDIVIDUAL APPOINTED AS COUNTY REPRESENTA-

19    TIVE PURSUANT TO SECTION 9 OF THE STATE SURVEY AND REMONUMENTA-

20    TION ACT, 1990 PA 345, MCL 54.269.

21         Sec. 3.  A  IF A PUBLIC LAND SURVEY CORNER OR
             AN ACCESSORY

22    TO THE CORNER IS USED BY A SURVEYOR AS A CONTROL IN A SURVEY, NOT

23    MORE THAN 90 DAYS AFTER COMPLETION OF THE SURVEY, THE surveyor

24    shall complete, sign,  stamp with his  seal, and
             file with the

25    register of deeds of the county where the corner is situated, a

26     written record of corner establishment or restoration to be

27     known as a "corner record" for every  CORNER RECORD
                       FOR THE



   03862'99                                   4

 1    public land survey corner  and  OR accessory to
              such  THE

 2    corner,  which is established, reestablished, monumented,
             remonu-

 3     mented, restored, rehabilitated, perpetuated or used as
                       control

 4     in any survey by such surveyor, and within 90 days
                       thereafter, 

 5    unless the corner MONUMENT and its accessories are

 6     substantially  as described in an existing corner
             record filed

 7     in accordance with the provisions of  UNDER this
             act.

 8         Sec. 6.  (1) The register of deeds shall receive FOR

 9    RECORDING the completed corner record and preserve it in a hard-

10    bound book.  The books shall be numbered in numerical order as

11    filed.

12         (2) The register of deeds shall number the  forms
              CORNER

13    RECORDS in numerical order as they are filed.

14         (3) The book and page number in which the corner record is

15    filed shall be placed by the register of deeds  near that
             same

16     corner on a cross-index plat  ON AN INDEX which the
                       register of

17    deeds shall provide for  such a  THAT purpose.

18         (4) The register of deeds shall make these records available

19    for public inspection during all usual office hours.

20         (5)  For purposes of determining the filing fee, the
              THE

21    FEE FOR RECORDING A corner record shall be  considered as a
             simi-

22     lar service to a recording  DETERMINED as provided
                       in section

23    2567(1)(a) of the revised judicature act of 1961,  Act No.
             236 of

24     the Public Acts of 1961, being section 600.2567 of the
                       Michigan

25     Compiled Laws  1961 PA 236, MCL 600.2567.

26         Sec. 7.  In every case where  IF a corner
             record  of a

27     public land survey corner  is required to be filed
                       under  the



   03862'99                                   5

 1    provisions of  this act, the surveyor shall
              reconstruct or

 2     rehabilitate the monument of such corner and accessories to
                       such

 3     corner, so that it shall be left by him in such 
                       MONUMENT THE

 4    CORNER AND EACH ACCESSORY TO THE CORNER, AND LEAVE THE MONUMENT

 5    IN SUCH A physical condition that it remains as permanent a monu-

 6    ment as is reasonably possible.  and so that the same may be

 7     reasonably expected to be located with facility at all times
                       in

 8     the future.  IF ACCESS TO THE CORNER LOCATION WILL
                       CREATE AN

 9    UNSAFE CONDITION, THE SURVEYOR MAY INSTALL AT LEAST 4 REFERENCE

10    MONUMENTS INTERRELATED AND VISIBLE WITH THE CORNER LOCATION AND

11    EACH OTHER BY ANGULAR AND LINEAR MEASUREMENTS.

12         Sec. 8.  A corner record shall not be filed unless it is

13    signed,  by a licensed surveyor and stamped with the
             surveyor's

14     seal, or  DATED, AND SEALED BY THE SURVEYOR. 
                       HOWEVER, in the

15    case of an agency of the United States government or  the
              THIS

16    state, the certificate  may be signed by the chief of the
             survey

17     party making the survey and  SHALL BE approved,
                       signed, DATED,

18    and sealed by the  licensed  surveyor in
             responsible charge of

19    the agency AND MAY ALSO BE SIGNED BY THE CHIEF OF THE SURVEY

20    PARTY MAKING THE SURVEY.

21         Sec. 10.  (1) When  a monument is set and it is not
              SET, A

22    MONUMENT SHALL POSSESS A MAGNETIC FIELD, BE AT LEAST 1/2 INCH IN

23    DIAMETER AND A MINIMUM OF 18 INCHES IN LENGTH, AND BE LEGIBLY

24    CAPPED SHOWING THE LICENSE NUMBER OF THE SURVEYOR.

25         (2) UNLESS IT IS TO BE SET in a public  highway, the
             

26    ROADWAY, A monument shall be set  not more than 6 inches
             above 

27    WITH NOT LESS THAN 2/3 OF ITS LENGTH BELOW the surface of the



   03862'99                                   6

 1    surrounding ground.  nor more than 6 inches below the
             surface of

 2     the ground.  When 

 3         (3) IF a corner  occurs  IS LOCATED in a
             public  highway

 4     which  ROADWAY AND THE ROADWAY is not hard-surfaced
                       AT THE

 5    CORNER, the monument shall be placed at least 6 inches below the

 6    surface of THE ROADWAY.  such highway.  When a highway
             

 7         (4) IF A CORNER IS LOCATED IN A PUBLIC ROADWAY AND THE

 8    ROADWAY is hard-surfaced at the corner, whether by concrete,

 9     tarvia  ASPHALT, or otherwise,  a circular
             opening at least 6

10     inches in diameter shall be left at the corner and properly
                       cov-

11     ered with a metal cover.  The monument shall be placed in
                       the

12     opening beneath the cover  THE MONUMENT SHALL BE
                       VISIBLE OR CON-

13    TAINED WITHIN A VISIBLE PROTECTED ENCLOSURE AND SHALL COMPLY WITH

14    ANY REQUIREMENTS OF THE AGENCY HAVING JURISDICTION.

15         (5) IF A CORNER TO BE MONUMENTED IS LOCATED ON A ROCK OUT-

16    CROPPING, THE MONUMENT SHALL BE AN IRON BAR AT LEAST 1/2 INCH IN

17    DIAMETER, DRILLED AND GROUTED INTO SOLID ROCK TO A DEPTH OF AT

18    LEAST 8 INCHES.

19         Sec. 13.  Failure to comply with the provisions of this act

20    is sufficient grounds for the suspension or revocation of the

21    license of a  licensed land  surveyor.

22         Sec. 14.  (1) A person who defaces, destroys, alters, or

23    removes a corner MONUMENT OR REFERENCE MONUMENT is guilty of a

24    misdemeanor and shall be punished by a fine of not more than

25     $500.00  $1,000.00, or imprisonment for not more
             than  60  180

26    days, or both, and shall be responsible for the costs of

27    reestablishment  ,  AND replacement  ,
              OF THE MONUMENT and



   03862'99                                   7

 1    filing of the corner RECORD by a  licensed land 
             surveyor.  A

 2    corner MONUMENT OR REFERENCE MONUMENT may be temporarily removed

 3    for construction purposes if the corner is properly witnessed by

 4    a  licensed land  surveyor  prior to
              BEFORE removal.  The

 5     corner  MONUMENT shall be reset, rewitnessed, and
             refiled by a

 6     licensed land  surveyor within 30 days after the
             completion of

 7    construction.  A corner MONUMENT OR REFERENCE MONUMENT shall not

 8    be temporarily removed for more than 1 year.  A person who knows

 9    that a corner MONUMENT OR REFERENCE MONUMENT has been defaced,

10    destroyed, altered, or removed shall report that fact to the

11    county surveyor of the county in which the corner is located.

12         (2) As used in this section, "person" means an individual,

13     or any public or private  PARTNERSHIP,
             CORPORATION, ASSOCIATION,

14    GOVERNMENTAL ENTITY, OR OTHER legal entity.

15         Enacting section 1.  Sections 9 and 11 of the corner recor-

16    dation act, 1970 PA 74, MCL 54.209 and 54.210a, are repealed.

























   03862'99          Final page.                            TMV