CHAPTER 27
HOUSE BILL No. 2205
An Act concerning land surveys and land surveyors; amending
K.S.A. 58-2003, 58-2005
and 58-2011 and repealing the existing sections; also
repealing K.S.A. 19-1401.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 58-2003 is hereby
amended to read as follows: 58-
2003. When any section corner, quarter section corner or section
center
is set or reset by a surveyor and when any such corner is located
by a
surveyor in the course of carrying out a public survey, there shall
be
recorded with the county register of deeds, in
the manner provided by
K.S.A. 58-2011, and amendments thereto, reference
measurements from
permanent, visible objects to the location of the point as set,
reset or
located. These reference objects shall be described
clearly: Provided,
That. In lieu of reference measurements
from visible objects, such ref-
erence measurements may be made from triangulation stations
estab-
lished by the United States coast and geodetic
survey maintained by the
national ocean service/national geodetic survey or by utilizing
the state
plane coordinate system prescribed by K.S.A. 58-20a01 et seq.,
and
amendments thereto.
Sec. 2. K.S.A. 58-2005 is hereby
amended to read as follows: 58-
2005. Before a subdivision plat or plat of survey
can may be recorded, it
shall be reviewed by the county surveyor
or. In the absence of the county
surveyor, the county engineer shall be responsible for the
enforcement
of this act, and shall certify that such plat meets all the
requirements of
this act: Provided,
however, That in the event that any such plat
is re-
quired to be submitted to any planning commission for
review and ap-
proval or disapproval that such review and approval duly
certified upon
the face of said plat shall constitute full compliance with
the review re-
quired in this section may contract with a land
surveyor who shall review
such subdivision plat or plat of survey and certify the same if
in compli-
ance with the requirements of this act.
Sec. 3. K.S.A. 58-2011 is hereby
amended to read as follows: 58-
2011. (a) Whenever a survey originates from a United States public
land
survey corner or any related accessory, the land surveyor shall
file a copy
of the report of the completed survey and references to the corner
or
accessory with the secretary of the state historical society and
with the
county surveyor for the county or counties in which the survey
corner
exists. If there is no county surveyor of such county, such
report shall be
filed with the county engineer. If there is no county engineer,
such report
shall be filed in the office of the county road department.
Reports filed
with the secretary of the state historical society may be filed
and retrieved
using electronic technologies if authorized by the
secretary. Such report
shall be filed within 30 days of the date the references are made.
At the
time of filing such report with the secretary of the state
historical society,
the land surveyor shall pay a filing fee in an amount fixed by
rules and
regulations of the secretary of the state historical society.
Fees charged
for filing and retrieval of such reports may be billed and paid
periodically.
(b) Any person engaged in an activity in
which a United States public
land survey corner or any related accessory is likely to be
altered, re-
moved, damaged or destroyed shall have a person qualified to
practice
land surveying establish such reference points as necessary for the
res-
toration, reestablishment or replacement of the corner or
accessory. The
land surveyor shall file a reference report with the secretary of
the state
historical society and with the county surveyor for the county or
counties
in which the survey corner exists. Such report shall be filed
within 30
days of the date the references are made. At the time of filing
such report
with the secretary of the state historical society, the land
surveyor shall
pay a filing fee in an amount fixed by rules and regulations of the
secretary
of the state historical society.
(c) Upon completion of the activity
likely to alter, remove, damage
or destroy the public land survey corner or related accessory, the
land
surveyor shall review the survey corner and its accessories. If the
survey
corner or any accessory has been altered, removed, damaged or
de-
stroyed, the land surveyor shall replace the corner or accessory
with a
survey monument and file a restoration report with the secretary of
the
state historical society and the county surveyor in the county or
counties
in which it existed. If the survey corner and accessories are not
damaged
during the activity, a restoration report so stating shall be filed
with the
secretary of the state historical society and county surveyor's
office. Such
report shall be filed within 30 days after the activity is
completed. At the
time of filing such report with the office of the secretary of the
state
historical society the land surveyor shall pay a filing fee in an
amount fixed
by rules and regulations of the secretary of the state historical
society.
(d) Failure to comply with the filing
requirements of this section shall
be grounds for the suspension or revocation of the land surveyor's
license.
(e) The secretary of the state historical
society may produce, repro-
duce and sell maps, plats, reports, studies and records relating to
land
surveys. The secretary of the state historical society shall charge
a fee in
an amount to be fixed by rules and regulations of the secretary for
the
furnishing of information retrieved from records filed pursuant to
this
section and for reproductions or copies of maps, plats, reports,
studies
and records filed in such office.
(f) All moneys collected by the secretary
of the state historical society
under the provisions of this section shall be paid to the state
treasurer on
or before the last day of each month. Upon receipt thereof the
state
treasurer shall deposit the entire amount in the state treasury.
Twenty
percent of each such deposit shall be credited to the state general
fund
and the balance shall be credited to the land survey fee fund,
which is
hereby created. All expenditures from such fund shall be made in
ac-
cordance with appropriation acts upon warrants approved by the
secretary
of the state historical society or a person designated by the
secretary of
the state historical society and shall be used only for the purpose
of paying
the costs incurred in administering the provisions of this act.
After the
effective date of this act, any reference to the secretary of state
in regard
to appropriations to the land survey fee fund shall be deemed to
refer to
the secretary of the state historical society.
(g) The failure of any person to have
a land surveyor establish ref-
erence points as required by subsection (b) shall be a class C
misdemeanor.
Sec. 4. K.S.A. 19-1401, 58-2003, 58-2005 and 58-2011 are
hereby
repealed.
Sec. 5. This act shall take effect and be in force
from and after its
publication in the statute book.
Approved March 25, 1999.
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