We had a BOR member at out chapter meeting tonight and I asked if the NC BOR had any past or current discussions regarding the wholesale destruction of private property corners during highway works. He said that there had been in the past, but it is a back-burner issue. Another member of the BOR was there and asked me to forward any information I might dig up. This has come up in a few recent posts so I thought I'd ask:
Does your state have a law that addresses the preservation or replacement of private property corners that might be disturbed during highway projects? If so, please make a citation or post a link and I'll look it up.
Thanks!
California, yes. See http://www.californiasurveyors.org/moncon.html
Idaho Code 55-1613"
Monuments Disturbed by Construction Activities -- Procedure -- Requirements. The physical existence and location of the monuments of property controlling corners and accessories to corners, as well as benchmarks established and points set in control surveys by agencies of the United States government or the state of Idaho, shall be determined by a field search and location survey conducted by or under the direction of a professional land surveyor prior to the time when project construction or related activities may disturb them. Construction documents or plans prepared by professional engineers shall show the existence and location of all such monuments, accessories to corners, benchmarks and points set in control surveys. All monuments, accessories to corners, benchmarks and points set in control surveys that are lost or disturbed by construction shall be reestablished and remonumented, at the expense of the agency or person causing their loss or disturbance, at their original location or by the setting of a witness corner or reference point or a replacement benchmark or control point, by or under the direction of a professional land surveyor. Professional engineers who prepare construction documents or plans that do not indicate the existence and location of all such monuments, accessories to corners and benchmarks and points set in control surveys by agencies of the United States government or the state of Idaho shall be deemed to be within the purview of and subject to disciplinary action as provided in section 54-1220, Idaho Code.
Ohio adopted minimum survey standards about 1980. Shortly after that a county engineer, responsible for review of descriptions and plats under Ohio Revised Code (ORC) 315.251, notified the Ohio Department of Transportation (ODOT) that descriptions submitted for a project were not acceptable. Specifically required monumentation was lacking. The county engineer referenced (ORC) 315.251 which references Ohio Administrative Code (OAC) 4733-37 minimum survey standards. Neither section contains exemptions for state agencies. That county engineer also said unless ODOT complied with OAC 4733-37 any projects submitted in his county would be submitted to the Ohio Board of Registration for disciplinary action.
Surveys for the project in question had been completed prior to adoption of the minimum standards and were excepted by the county. However, ODOT was made aware that their employees and consultants would be subject to disciplinary action if ANY professional surveyor in the state referred documents to the licensing board. Since then ODOT, Professional Land Surveyors of Ohio (PLSO) and the County Engineers Association of Ohio have worked together to insure compliance. ODOT Surveying & Mapping Specifications manual currently includes the following:
>503 Boundary Surveys
>503.1 General
>ODOT surveying and mapping projects may require the location, retracement and establishment of boundaries including: private and public properties, federal, state, county and municipal boundaries, public land subdivisions, highway alignments, easements, etcetera. Ensure all ODOT boundary surveys originate from monumentation constructed and/or positioned according to this specification. Ensure conformance to all county, municipal and jurisdictional survey requirements for the project location. Complete all boundary work in accordance to O.A.C. 4733 & O.R.C. 4733 and the ODOT Right-of-Way Plan Manual.
>503.2 Property Surveys
>Property surveys are required for all parcels that may be legally affected, altered or transferred, either temporarily or permanently, as part of an ODOT project. Refer to the project scope of services or the District Survey Operations Manager for further project specific information.
Massachusetts - no. There is an old law on the books that provides for a fine (very small by today's standards) for the "malicious destruction" of property monuments. Good luck proving malicious intent in a court of law.
Iowa 314.8 GOVERNMENT MARKERS PRESERVED.
1. If it is necessary in grading a highway to make a cut that
will disturb, or fill that will cover up, a government or other
established corner or land monument, the engineer in charge of the
project shall establish permanent witness corners or monuments, and
make a record of the same, that show the distance and direction the
witness corner is from the corner disturbed or covered up. When the
construction work is completed the engineer shall permanently
reestablish the corner or monument.
2. If the duties in subsection 1 are not performed, the agency in
control of the highway on which a project described in subsection 1
has been or is being completed shall pay the costs of restoring the
original position of the established corner or land monument.
JB, tell the NC BOR member to talk with a California Board Member next time they are at an NCEES meeting together. He will hear all sorts of horror stories and the efforts that CLSA and BPELSG are expending on this issue.
