Michigan Laws 54.210d – Defacing, destroying, altering, or removing monument, accessory, witness monument, or reference monument; penalty; temporary removal; resetting and rewitnessing; report
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Terms Used In Michigan Laws 54.210d
- Accessory: means any exclusively identifiable physical object whose spatial relationship to the corner is recorded on a land corner recordation certificate that has been filed under this act. See Michigan Laws 54.202
- Corner: means an original public land survey corner, a protracted public land survey corner, a property controlling corner, a witness monument, or a property corner. See Michigan Laws 54.202
- County representative: means the individual performing the duties of county representative under section 9 of the state survey and remonumentation act, 1990 PA 345, MCL 54. See Michigan Laws 54.202
- in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
- Land corner recordation certificate: means a written record for a corner in the form prescribed under section 5 that is to be filed as provided by this act. See Michigan Laws 54.202
- Monument: means a marker that occupies the position of a corner and that possesses or is made to possess a magnetic field. See Michigan Laws 54.202
- Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 54.202
- Reference monument: means an accessory that is employed if the site of a corner is such that a monument cannot be set or is liable to destruction or if occupation of the site provides for unsafe conditions. See Michigan Laws 54.202
- Surveyor: means a professional surveyor who is licensed to practice professional surveying under article 20 of the occupational code, 1980 PA 299, MCL 339. See Michigan Laws 54.202
- Witness monument: is a n accessory that is a monumented point near a corner. See Michigan Laws 54.202
(1) Except as provided in this subsection or subsection (2), a person who defaces, destroys, alters, or removes a monument, accessory, witness monument, or reference monument is guilty of a misdemeanor punishable by a fine of not more than $5,000.00 or imprisonment for not more than 180 days, or both, and is responsible for the costs of reestablishment and replacement of the monument, accessory, witness monument, or reference monument and filing of the associated land corner recordation certificate by a surveyor. This subsection does not apply to an accessory that is on private property.
(2) A monument, accessory, witness monument, or reference monument may be temporarily removed for construction purposes if the corner is properly witnessed by a surveyor before removal. A monument, accessory, witness monument, or reference monument that is removed under this subsection must be reset and rewitnessed and an associated land corner recordation certificate filed by a surveyor within 30 days after the completion of the construction. A monument, accessory, witness monument, or reference monument shall not be temporarily removed for more than 1 year.
(3) A person who knows that a monument, accessory, witness monument, or reference monument has been defaced, destroyed, altered, or removed shall report that fact in writing to the county representative and the county prosecutor of the county in which the corner is located.