LRB-3906/1
MJL:kjf:jf
2003 - 2004 LEGISLATURE
February 13, 2004 - Introduced by Senators Welch and
Schultz, cosponsored by
Representatives Huebsch, Albers, Hahn, Hines and Kreibich. Referred to
Committee on Homeland Security, Veterans and Military Affairs and
Government Reform.
SB464,1,5
1An Act to repeal 60.84 (3) (c) 1. and 2.;
to renumber and amend 60.84 (3) (c)
2(intro.);
to amend 59.46, 59.73 (1), 59.74 (1) (a), 59.74 (2) (a) 1., 59.74 (2) (a) 2.,
359.74 (2) (b), 59.74 (2) (d) and 60.84 (4); and
to create 59.74 (2) (dm) and 59.74
4(3) of the statutes;
relating to: surveys, landmarks, and monuments and
5providing a penalty.
Analysis by the Legislative Reference Bureau
This bill makes technical changes to the law governing surveys, landmarks,
and monuments. The bill also increases the forfeiture for failure of a county
surveyor, municipal engineer, or land surveyor to perform a legal duty from between
$25 and $50 to between $250 and $500 and changes the time period for notification
of the destruction or removal of a landmark, monument, or corner post from at least
30 days before the act to at least 60 days. Finally, the bill shifts the cost of restorative
work to landmarks from the county to the person causing the landmark to be
disturbed, unless the person cannot be identified or does not have adequate
resources to reimburse the county for the cost of the work.
For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB464, s. 1
1Section
1. 59.46 of the statutes is amended to read:
SB464,2,5
259.46 Penalty for nonfeasance. Any county surveyor, any city, village or
3town engineer, or any land surveyor who fails or refuses to perform any duty required
4of that person by law shall forfeit not less than
$25
$250 nor more than
$50 $500 for
5each such failure or refusal.
SB464, s. 2
6Section
2. 59.73 (1) of the statutes is amended to read:
SB464,2,127
59.73
(1) How bearings expressed in surveys. In all surveys the bearings shall
8be expressed with reference to a magnetic, true or other identifiable line of the public
9land survey, recorded and filed subdivision or to the Wisconsin coordinate system.
10In all cases the reference selected shall be so noted as set forth in s. 59.45 (1) (a) 2.
11and if magnetic must be retraceable and identifiable by reference to a monumented
12line
of the public land survey system.
SB464, s. 3
13Section
3. 59.74 (1) (a) of the statutes is amended to read:
SB464,3,514
59.74
(1) (a) If a majority of all the resident landowners in any section of land
15within this state desire to establish
, relocate or perpetuate any section or other
16corner of any section, or in the same section
establish or perpetuate a division line
17of the section, they may make a formal application in writing to the circuit judge for
18the county in which the land is situated. The circuit judge shall file the application
19in his or her court and shall within a reasonable time give at least 10 days' notice in
20writing to the owners of all adjoining lands, if those owners reside in the county
21where the land is situated and if not, by publication of a class 3 notice, under ch. 985,
22stating the day and hour when the circuit judge will consider and pass upon such
23application. The circuit judge shall hear all interested parties and approve or reject
24the application at that time. If the application is approved, the clerk shall notify the
25county surveyor who shall within a reasonable time proceed to make the required
1survey and location. If a corner is to be perpetuated, the surveyor shall deposit in
2the proper place a stone or other equally durable material of the dimensions and in
3the manner and with the markings provided under s. 60.84 (3) (c), and shall also erect
4witness monuments as provided under sub. (2). The surveyor shall be paid the cost
5of the perpetuation from the general fund of the county.
SB464, s. 4
6Section
4. 59.74 (2) (a) 1. of the statutes is amended to read:
SB464,3,167
59.74
(2) (a) 1. No landmark, monument, corner post of the government survey
8or survey made by the county surveyor or survey of public record may be destroyed,
9removed, or covered by any material that will make the landmark, monument, or
10corner post inaccessible for use, without first having erected witness or reference
11monuments as provided in subd. 2. for the purpose of identifying the location of the
12landmark and making a certified copy of the field notes of the survey setting forth
13all the particulars of the location of the landmark with relation to the reference or
14witness monuments so that its location
can will be determined
and perpetuated with
15a monument of durable material after its destruction or removal. The certified copy
16of the field notes shall be filed as provided under par. (b) 2.
SB464, s. 5
17Section
5. 59.74 (2) (a) 2. of the statutes is amended to read:
SB464,4,218
59.74
(2) (a) 2. Witness monuments shall be made of durable material,
19including cement, natural stone, iron or other equally durable material, except wood.
20If iron pipe monuments are used, they shall be made of
2 one inch or more
galvanized 21iron pipe not less than 30 inches in length having
an iron or brass a cap fastened to
22the top and marked with a cross cut on the top of the cap where the point of
23measurement is taken. If witness monuments are made of cement, stone or similar
24material, they shall be not less than 30 inches in length nor less than
5 3 inches in
1diameter along the shortest diagonal marked on the top with a cross where the point
2of measurement is taken.
SB464, s. 6
3Section
6. 59.74 (2) (b) of the statutes is amended to read:
SB464,4,204
59.74
(2) (b) 1. Whenever it becomes necessary to destroy, remove or cover up
5in such a way that will make it inaccessible for use, any landmark, monument of
6survey, or corner post within the meaning of this subsection, the person including
7employees of governmental agencies who intend to commit such act shall serve
8written notice at least
30 60 days
prior to before the act upon the county surveyor of
9the county within which the landmark is located. Notice shall also be served upon
10the municipality's engineer if the landmark is located within the corporate limits of
11a municipality. The notice shall include a description of the landmark, monument
12of survey or corner post and the reason for removing or covering it. In this paragraph,
13removal of a landmark includes the removal of railroad track by the owner of the
14track. In a county having a population of less than 500,000 where there is no county
15surveyor, notice shall be served upon the clerk. In a county with a population of
16500,000 or more where there is no county surveyor, notice shall be served upon the
17executive director of the regional planning commission which acts in the capacity of
18county surveyor for the county. Notwithstanding par. (c), upon receipt of the notice
19the clerk shall appoint a registered land surveyor to perform the duties of a county
20surveyor under subd. 2.
SB464,5,1621
2. The county surveyor or executive director of the regional planning
22commission, upon receipt of notice under subd. 1., shall within a period of not to
23exceed
30 60 working days, either personally or by a deputy, or by the municipality's
24engineer make an inspection of the landmark, and, if he or she considers it necessary
25because of the public interest to erect witness monuments to the landmark, he or she
1shall erect 4 or more witness monuments or, if within a municipality, may make 2 or
2more offset marks at places near the landmark where they will not be disturbed. The
3county surveyor shall make a survey and field notes giving a description of the
4landmark and the witness monuments or offset marks, stating the material and size
5of the witness monuments and locating the offset marks, the horizontal distance and
6courses in terms of the references set forth in s. 59.45 (1) (a) 2. that the witness
7monuments bear from the landmark and, also, of each witness monument to all of
8the other witness monuments. The county surveyor may also make notes as to such
9other objects, natural or artificial, that will enable anyone to locate the position of
10the landmark. The county surveyor upon completing the survey shall make a
11certified copy of the field notes of the survey and record it as provided under s. 59.45
12(1). The municipality's engineer upon completing the survey shall record the notes
13in his or her office, open to the inspection of the public, and shall file a true and correct
14copy with the county surveyor. In a county with a population of 500,000 or more, the
15certified copy of the field notes of the survey shall be filed in the office of the regional
16planning commission which acts in the capacity of county surveyor for the county.
SB464, s. 7
17Section
7. 59.74 (2) (d) of the statutes is amended to read:
SB464,5,2118
59.74
(2) (d)
The Except as provided in par. (dm), the cost of the work of
19perpetuating the evidence of any landmark under the scope of this subsection shall
20be borne by the
county or counties proportionally, in which said landmark is located 21person causing the monument or landmark to be disturbed.
SB464, s. 8
22Section
8. 59.74 (2) (dm) of the statutes is created to read:
SB464,6,223
59.74
(2) (dm) The county or the counties in which the landmark is located shall
24bear proportionally the cost of the work under par. (d) if the county or counties cannot
25identify the person performing the work under par. (d) or if the county or counties
1have identified the person performing the work under par. (d) and the person does
2not have adequate money or other resources to reimburse the county or counties.
SB464, s. 9
3Section
9. 59.74 (3) of the statutes is created to read:
SB464,6,84
59.74
(3) Immunity from liability for trespass. A land surveyor and a
5surveyor's assistant who are engaged in the performance of a land survey or in
6perpetuating or using a corner of the public land survey system, a monument or
7landmark are not liable as trespassers and are liable only for actual damage done to
8land or property.
SB464, s. 10
9Section
10. 60.84 (3) (c) (intro.) of the statutes is renumbered 60.84 (3) (c) and
10amended to read:
SB464,6,1311
60.84
(3) (c) To establish
, relocate or perpetuate a corner, the surveyor shall set
12in the proper place a monument
of durable material, as determined by the town
13board
, consisting of:.
SB464, s. 11
14Section
11. 60.84 (3) (c) 1. and 2. of the statutes are repealed.
SB464, s. 12
15Section
12. 60.84 (4) of the statutes is amended to read:
SB464,6,2116
60.84
(4) Certificate. The surveyor shall prepare a certificate setting forth a
17complete and accurate record of any survey under this section, including the exact
18bearings and distances of each monument from each other monument nearest it on
19any line in the town. The certificate shall be recorded in the office of the register of
20deeds of the county in which the surveyed land is located
and a copy of the certificate
21shall be filed in the county surveyor's office.
