Michigan Laws 54.268 – County monumentation and remonumentation plan; perpetual monument maintenance plan; rules; submission; provisions; failure to establish and submit plan or revised plan; expediting plan; geodetic
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Terms Used In Michigan Laws 54.268
- Commission: means the state survey and remonumentation commission created in section 3. See Michigan Laws 54.262
- Contract: A legal written agreement that becomes binding when signed.
- County plan: means a county monumentation and remonumentation plan and perpetual monument maintenance plan established under section 8. See Michigan Laws 54.262
- Department: means the department of licensing and regulatory affairs. See Michigan Laws 54.262
- Fund: means the state survey and remonumentation fund created in section 11. See Michigan Laws 54.262
- Monumentation: means all land surveying activities performed by a surveyor to monument a protracted public land survey corner under this act and in accordance with the laws of this state. See Michigan Laws 54.262
- Original public land survey corner: means a corner established and monumented pursuant to orders and instructions issued by the United States government for the purposes of delineating United States public lands and private lands or subdividing public lands for conveyance. See Michigan Laws 54.262
- Property controlling corner: means either of the following:
(i) A position misidentified as and used as an original public land survey corner or as a protracted public land survey corner that serves to control property lines. See Michigan Laws 54.262Protracted public land survey corner: means either of the following:
(i) A closing quarter section position along a township or range line or a center quarter section position that was not actually monumented on the ground in the field notes of the original United States government survey, but that serves to complete the nominal half-mile grid of government corners. See Michigan Laws 54.262Remonumentation: means all land surveying activities performed by a surveyor to perpetuate a previously monumented original public land survey corner, protracted public land survey corner, or property controlling corner as provided in this act. See Michigan Laws 54.262
(1) Each county shall establish a county monumentation and remonumentation plan and perpetual monument maintenance plan. The department, in consultation with the commission, shall create and distribute a model county plan that may be adopted by a county with any changes appropriate for that county. By the second March 1 after the department promulgates rules under section 17(3), each county shall submit to the department for approval in consultation with the commission a county plan or, if the county has previously submitted a county plan, a revised county plan that complies with the amendments to this act enacted by the amendatory act that added section 9a and any rules promulgated after the effective date of that amendatory act and before the date that the county plan or revised county plan is to be submitted.
(2) A county plan shall provide for all of the following:
(a) A monumentation and remonumentation plan that provides for the remonumentation of all of the original public land survey corners, and any associated property controlling corners, and the monumentation or remonumentation of all of the protracted public land survey corners, and any associated property controlling corners, identified in the county plan. The monumentation or remonumentation of the county shall consist of:
(i) The filing of a land corner recordation certificate pursuant to the requirements of the corner recordation act, 1970 PA 74, MCL 54.201 to 54.210d, for each original public land survey corner and protracted public land survey corner in the county.
(ii) The inclusion in a certificate filed under subparagraph (i) of any property controlling corner associated with the original public land survey corner or protracted public land survey corner that is the subject of the certificate.
(iii) The filing of geodetic coordinates for each original public land survey corner and protracted public land survey corner in the county.
(b) The filing of copies of all recorded land corner recordation certificates produced pursuant to the county plan with the department.
(c) The exclusion or addition by the county of original public land survey corners or protracted public land survey corners, with the approval of the department, acting in consultation with the commission.
(d) A perpetual monument maintenance plan that provides for all original public land survey corners or protracted public land survey corners included in the county plan, and associated geodetic coordinates, to be maintained by requiring the filing of a land corner recordation certificate as required by the corner recordation act, 1970 PA 74, MCL 54.201 to 54.210d, as necessary.
(e) A peer review group as described in section 9b.
(f) Any other provisions reasonably required by the department for purposes of this act.
(3) If a county fails to establish and submit a plan or revised plan that is approved by the department under subsection (1), the department shall initiate and contract for the implementation of a county plan in that county as provided in section 10.
(4) Subject to subsection (5), after the establishment and approval by the department of a county plan, a county may expend or borrow money to expedite the completion of its plan. If a county elects to expend or borrow money to expedite its county plan, the department shall enter into a contract to provide that the costs to expedite that plan are reimbursed or paid from the fund as provided in section 12(2).
(5) After the effective date of the amendatory act that added section 9a, a county shall not expedite its county plan or expend or borrow money to expedite its county plan. A county that, before the effective date of the amendatory act that added section 9a, expedited its county plan or expended or borrowed money to expedite its county plan shall either have on file with the department a contract entered into under subsection (4) or execute a contract under subsection (4) within 1 year after the effective date of the amendatory act that added section 9a.
(6) A county that expended or borrowed money to expedite its county plan in accordance with this section after January 1, 1991 may recapture costs expended or borrowed and used to expedite that plan. The department shall pay those costs to the county from the fund as provided in section 12(2) over a period of not less than 10 years.
(7) A county plan may provide for the support by a county program of the extension, densification, upgrade, and maintenance of active and passive geodetic control stations.