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Michigan Compiled Laws Complete Through PA 357 & includes Initiated Law 1 of 2018
House: Adjourned until Tuesday, December 11, 2018 10:00:00 AM
Senate: Adjourned until Tuesday, December 11, 2018 10:00:00 AM

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Section 54.268

STATE SURVEY AND REMONUMENTATION ACT (EXCERPT)
Act 345 of 1990


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 control stations.

Sec. 8.

(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.


History: 1990, Act 345, Eff. Jan. 1, 1991 ;-- Am. 1998, Act 5, Imd. Eff. Feb. 6, 1998 ;-- Am. 2002, Act 489, Imd. Eff. June 28, 2002 ;-- Am. 2014, Act 166, Imd. Eff. June 12, 2014


© 2017 Legislative Council, State of Michigan

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