(1) Whenever a survey has been executed by a professional land surveyor who is licensed under the Land Surveyors Regulation Act, a record of such survey bearing the signature and seal of the professional land surveyor shall become an official record of survey and shall be presumptive evidence of the facts stated therein, unless the professional land surveyor executing the survey has a personal interest in such survey.

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Terms Used In Nebraska Statutes 81-8,122.01

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • United States: shall include territories, outlying possessions, and the District of Columbia. See Nebraska Statutes 49-801

(2) Surveys performed in accordance with the definition of land surveying described in subdivisions (2)(a), (b), and (c) of section 81-8,109 including, but not limited to, a new subdivision, subdivision replat, administrative subdivision, lot split, American Land Title Association and National Society of Professional Surveyors land title survey, irregular tract survey, or any survey which references the United States Public Land Survey System shall be filed in the survey record repository established pursuant to section 84-412.

(3) Surveys of an existing lot or lots of an existing subdivision created pursuant to section 19-921 which are within the corporate limits of a city with a population in excess of fifteen thousand inhabitants as determined by the most recent federal decennial census or the most recent revised certified count by the United States Bureau of the Census and which do not create a new legal description shall be filed in either the survey record repository or in the county survey records in the county where the land is located pursuant to section 23-1911.

(4) The record of survey shall be filed within ninety days after the completion of the survey, or within any extension of time granted by the office in which it is required to be filed for reasonable cause, and shall consist of the following minimum data: (a) A graphic representation of the survey; (b) a legal description of the tract surveyed; (c) a description of all corners found; (d) a description of all corners set; (e) ties to any section corners, quarter corners, or quarter-quarter corners found or set; (f) plat or record distances as well as field measurements; and (g) the date of completion of the survey.

(5) Control surveys, improvement location reports, topographic plats, or maps prepared pursuant to subdivision (2)(d) or (e) of section 81-8,109 only for the purpose of showing the location of improvements on existing lots, which are not represented as boundary surveys or land surveys that include a statement of reference to a boundary survey filed of record, and in which no corners are found, established, or reestablished, shall be specifically exempt from all requirements of this section.