Presented by: David J. Meyers - PowerPoint Presentation

Presented by: David J. Meyers Rinke Noonan St. Cloud, MN Dennis Pederson, LSBogart, Pederson & AssociatesBecker, MN Jay Wittstock Wittstock Consulting, LLC Balsam Lake, WI Mike FangmanRice County SurveyorFaribault, MN

Full-TimePart-TimePrivate Surveyors County Surveyors

May a County Surveyor reject a plat or other instrument due to an ambiguous legal description if a surveyor can locate the boundary or the parcel?What is the purpose of a legal description? Rule 1805.0650 - Competence

Sub. 2 “In providing professional services, a licensee or certificate holder shall take into account applicable state and local laws and regulations.”

“Commencing at a stake of the west bank of the Minnesota River in Nicollet County, nearly opposite the resident of M. Mills, Esqr . in the Southwest Quarter of – Section, Township, Range – said stake stuck by Evans Goddrich on the 22nd day of November A.D. 1856, thence running…containing 67 acres and 132 rods of land.” City of North Mankator v. Carlstrom, 212 Minn. 32, 2 NW 2d, 130 (1942)

“So, if a surveyor with the deed before him can, with the aid of extrinsic evidence if necessary, locate the land and establish it’s boundaries, the description therein is sufficient.” Carlstrom, 212 Minn. 32, 2 NW 2d 134 (1942)

The North Half of the Northwest Quarter of Section 25, Township 34, Range 21, Chisago County,…excepting however, two acres, more or less, in the Northwest Quarter of the Northwest Quarter of said Section, described as follows: Commencing at the northwest corner of said Section; thence South 30 rods to the intersection of a road leading from the county road at or near Charles Magnuson’s place in Sunrise City; thence along the center of the road to where said road crosses the section line; thence along the north line of said section 24 rods to the Northwest Quarter of the Northwest Quarter or the place of beginning.” Mattson Ridge, LLC v Clear Rock Title, LLP, 824 NW 2d 622, 626 (Minn. 2012).

“The descriptions reference to “Charles Magnuson’s Place” rendered the call ambiguous because it was unclear who Charles Magnuson was, where his “place” was located, and whether he would remain at that place.” Id.

When may or should a surveyor require new underlying legal description(s) when platting?

County Surveyor determines that a long established and used PLSS corner is in the wrong location. What should be done?

“When the county board determines that the monuments established by the United States in the public lands survey to mark public lands survey corners have been destroyed or are becoming obscure, it may employ a land surveyor licensed under Chapter 326 to perpetuate such corners…”. Minn. Stat. 381.12, subd. 1

“[I]n restoring lost or obliterated government corners, the county surveyor shall follow the rules established by or pursuant acts of Congress, and all such surveys shall be made in strict conformity to the original survey made by the United States.” Minn. Stat. 389.04

Newly discovered evidence reveals an existing section corner marker is not set in the location established by the PLSS. Should the existing (wrong) corner marker be removed?

Does it make a difference if the existing (wrong) corner was set by a prior county surveyor?

“Any person who willfully removes, destroys or defaces a monument lawfully erected is guilty of misdemeanor.” Minn. Stat. §§381.19 and 505.33

“Any monuments or permanent evidence of survey shall have inscribed thereon the registration number of the land surveyor making the survey and no previously existing surveyor or reference monument or landmarks evidencing property lines or corner posts shall be removed or destroyed by the surveyor of the new survey.” Minn. Stat. §505.32

“Plaintiff suggests that a determination in defendant’s favor will upset the boundaries of numerous lots in the City of New Ulm which had been determined from surveys made in reliance upon the Behnke monument and upon established streets and highways and other improvements made by the City. Our answer to this is that our only concern here is whether defendant has committed a trespass by the encroachment of his barn 2.5 feet upon plaintiff’s lot.” Dittrich v. Ubl, 216 Minn. 396, 405, 13 NW2d 384, 389 (1944).

What is the role of the county surveyor in setting a center of a section? Should a long established and used “historic center of section” be challenged by a county surveyor?

May a county surveyor enter private property to locate a section corner?

Trespass is a misdemeanor. Minn. Stat. §609.605. “It is lawful for any surveyor to enter upon any land for the purpose of locating existing surveyor reference monuments or landmarks, provided, however, such surveyor shall be responsible to the landowner for any and all damages as a result of such entry, and no surveyor may enter upon any land unless first notifying the owner or occupant of the intended entry for such purpose.” Minn. Stat. §505.31

County requires all surveys in the county to be filed with the county surveyor. County surveyor allows members of the public to view, but not copy surveys on file. Other surveyors are allowed to copy filed surveys.

Minn. Stat. §389.09 – Counties with a full-time surveyor may require all surveys in the county to be filed with the County Surveyor.

Minn. Stat. § 13.03 – Public has access to all public data and may for a reasonable cost copy the data. (Data Practices Act) Minn. Stat. §13.02, subd. 7 – “Government Data” means all data…

Minn. Stat. §13.09 – Penalty is a misdemeanor and dismissal. County Surveyor allows public to view surveys, but not copy them.

Federal Copyright Law 17 U.S.C. §501

A license or certificate holder shall not accept a project where a duty to the client or the public would conflict with the personal interest of the licensee or certificate holder or the interest of another client. Must disclose all facts that might give rise to the conflict. Rule 1805.0300, subd. 1 Conflict of Interest

A private surveyor is hired part-time as a county surveyor. Is it a conflict of interest for the same surveyor to do private work in the county where he/she is the county surveyor?

Rule 1805.0300, subd. 2 – a surveyor may not be compensated by two people for doing the same work at a full price.

Rule 1805.0200 - Obligation to provide full disclosure

Subdivision 3a – Knowledge of improper conduct by others What is the county surveyor’s obligation to report survey work by a non-licensed surveyor?

County surveyor receives a survey drawing that is not signed nor marked “preliminary.”

“Each survey plan, drawing, specification, plat, report or other document prepared by a licensed land surveyor must bear the signature of the license holder.” Minn. Stat. §326.12, subd. 3“The certification and signature on plans…and other documents that require a signature is mandatory as provided by Minnesota Statute Section 326.12, subd. 3.” Minnesota Rules 1800.4200, subpart 1

Rule 1805.0200, SUBP. 1 Public Statements

A license holder shall express professional opinions publicly “only when they are founded upon an adequate knowledge of the facts and competent evaluation of the subject matter.”

County surveyor determines based on placement of relocated section corners that an adjacent landowner has been in possession of a neighbor’s land through farming or other means for over 15 years. Is it proper for the county surveyor or any surveyor to tell the party in possession that they own the land by adverse possession?

A township has maintained and the public has used a roadway as a public road for over six years. No Road Order can be located. Is it proper for a county surveyor to tell the township that they own the road by use? Minn. Stat. §160.05