As Amended by Senate Committee
Session of 2000
SENATE BILL No. 582
By Committee on Judiciary
2-7
10 AN ACT
concerning land surveys and land surveyors; amending K.S.A.
11 1999 Supp.
58-2003, 58-2005 and 58-2011 and repealing the
existing
12 sections.
13
14 Be it enacted by the Legislature of the
State of Kansas:
15 Section
1. K.S.A. 1999 Supp. 58-2003 is hereby amended to read as
16 follows: 58-2003. When any section corner,
quarter section corner or
17 section center is set or reset by a
surveyor and when any such corner is
18 located by a surveyor in the course of
carrying out a public survey, there
19 shall be recorded, in the manner
provided by K.S.A. 58-2011, and amend-
20 ments thereto, with the
county register of deeds and, with the county
21 surveyor for the county or counties
in which the survey corner exists
22 or as otherwise provided in this
section, reference measurements from
23 permanent, visible objects to the location
of the point as set, reset or
24 located. These reference objects shall be
described clearly. In lieu of
25 addition to reference
measurements from visible objects, such reference
26 measurements may be made from triangulation
stations maintained by
27 the national ocean service/national
geodetic survey or by utilizing the state
28 plane coordinate system prescribed by
K.S.A. 58-20a01 et seq., and
29 amendments thereto. If there is no
county surveyor for the county or
30 counties in which the survey corner
exists, such report shall be filed
31 with the county engineer, or, if
there is no county engineer, such
32 report shall be filed with the office
of the county road department.
33 Sec.
2. K.S.A. 1999 Supp. 58-2005 is hereby amended to read
as
34 follows: 58-2005. Before a
subdivision plat or plat of survey may be re-
35 corded, it shall be reviewed by the
county surveyor. In the absence of the
36 county surveyor, the county
engineer may contract with a land surveyor
37 who shall review such subdivision
plat or plat of survey and certify the
38 same if in compliance with the
requirements of this act shall be
respon-
39 sible for the enforcement of
this act, and shall certify that such plat meets
40 all the requirements of this
act. In the event that any such plat is required
41 to be submitted to any planning
commission for review and approval or
42 disapproval that such review and
approval duly certified upon the face
43 of such plat shall constitute
full compliance with the review required in
2
1 this
section.
2 Sec.
3. 2. K.S.A. 1999 Supp. 58-2011
is hereby amended to read as
3 follows: 58-2011. (a) Whenever a
survey originates from a United States
4 public land survey corner or any
related accessory, the land surveyor shall
5 file a copy of the report of the
completed survey and references to the
6 corner or accessory with the
secretary of the state historical society and
7 with the county surveyor for the
county or counties in which the survey
8 corner exists. If there is no
county surveyor of such county, such report
9 shall be filed with the
county engineer. If there is no county engineer,
10 such report shall be filed in the
office of the county road department.
11 Reports filed with the secretary of
the state historical society may be filed
12 and retrieved using electronic
technologies if authorized by the secretary.
13 Such report shall be filed within 30 days
of the date the references are
14 made survey is
completed. At the time of filing such report with the
15 secretary of the state historical society,
the land surveyor shall pay a filing
16 fee in an amount fixed by rules and
regulations of the secretary of the
17 state historical society. Fees
charged for filing and retrieval of such reports
18 may be billed and paid
periodically.
19 (b) Any person
engaged in an activity in which a United States public
20 land survey corner or any related accessory
is likely to be altered, re-
21 moved, damaged or destroyed shall have a
person qualified to practice
22 land surveying establish such reference
points as necessary for the res-
23 toration, reestablishment or replacement of
the corner or accessory. The
24 land surveyor shall file a reference report
with the secretary of the state
25 historical society and with the county
surveyor for the county or counties
26 in which the survey corner exists. If
there is no county surveyor for
27 the county or counties in which the
survey corner exists, such report
28 shall be filed with the county
engineer, or, if there is no county
29 engineer, such report shall be filed
with the office of the county
30 road department. Such report
shall be filed within 30 days of the date
31 the references are made
survey is completed. At the time of filing such
32 report with the secretary of the state
historical society, the land surveyor
33 shall pay a filing fee in an amount fixed
by rules and regulations of the
34 secretary of the state historical
society.
35 (c) Upon
completion of the activity likely to alter, remove, damage
36 or destroy the public land survey corner or
related accessory, the land
37 surveyor shall review the survey corner and
its accessories. If the survey
38 corner or any accessory has been altered,
removed, damaged or de-
39 stroyed, the land surveyor shall replace
the corner or accessory with a
40 survey monument and file a restoration
report with the secretary of the
41 state historical society and the county
surveyor in the county or counties
42 in which it existed. If the survey corner
and accessories are not damaged
43 during the activity, a restoration report
so stating shall be filed with the
3
1 secretary of the state historical
society and county surveyor's office. Such
2 report shall be filed within 30 days
after the activity is completed. At the
3 time of filing such report with the
office of the secretary of the state
4 historical society the land surveyor
shall pay a filing fee in an amount fixed
5 by rules and regulations of the
secretary of the state historical society.
6 (d) Failure
to comply with the filing requirements of this section shall
7 be grounds for the suspension or
revocation of the land surveyor's license.
8 (e) The
secretary of the state historical society may produce, repro-
9 duce and sell maps, plats, reports,
studies and records relating to land
10 surveys. The secretary of the state
historical society shall charge a fee in
11 an amount to be fixed by rules and
regulations of the secretary for the
12 furnishing of information retrieved from
records filed pursuant to this
13 section and for reproductions or copies of
maps, plats, reports, studies
14 and records filed in such office.
15 (f) All moneys
collected by the secretary of the state historical society
16 under the provisions of this section shall
be paid to the state treasurer on
17 or before the last day of each month. Upon
receipt thereof the state
18 treasurer shall deposit the entire amount
in the state treasury. Twenty
19 percent of each such deposit shall be
credited to the state general fund
20 and the balance shall be credited to the
land survey fee fund, which is
21 hereby created. All expenditures from such
fund shall be made in ac-
22 cordance with appropriation acts upon
warrants approved by the secretary
23 of the state historical society or a person
designated by the secretary of
24 the state historical society and shall be
used only for the purpose of paying
25 the costs incurred in administering the
provisions of this act. After the
26 effective date of this act, any reference
to the secretary of state in regard
27 to appropriations to the land survey fee
fund shall be deemed to refer to
28 the secretary of the state historical
society.
29 (g) The
failure of any person to have a land surveyor establish
ref-
30 erence points as required by
subsection (b) shall be a class C
31 misdemeanor.
32 Sec. 4.
3. K.S.A. 1999 Supp. 58-2003,
58-2005 and 58-2011 are
33 hereby repealed.
34 Sec. 5.
4. This act shall take effect and be in force
from and after its
35 publication in the statute book.