Section 60.315

Title VI COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT

Chapter 60

Effective - 02 Jan 2023, 2 histories, see footnote   

  60.315.  Lost corners reestablishment — rules. — The following rules for the reestablishment of lost corners shall be applied only when it is determined that the corner is lost:  (The rules utilize proportional measurement which harmonizes surveying practice with legal and equitable considerations.  This plan of relocating a lost corner is always employed unless it can be shown that the corner so located is in substantial disagreement with the general scheme of the original government survey as monumented.  In such cases the surveyor shall use procedures that produce results consistent with the original survey of that township.)

  (1)  Existent original corners shall not be disturbed.  Consequently, discrepancies between the new and record measurements shall not in any manner affect the measurements beyond the existent corners; but the differences shall be distributed proportionately within the several intervals along the line between the corners;

  (2)  Standard parallels shall be given precedence over other township exteriors, and, ordinarily, the latter shall be given precedence over subdivisional lines; section corners shall be located or reestablished before the position of lost quarter-section corners can be determined;

  (3)  Lost township corners common to four townships shall be reestablished by double proportionate measurement between the nearest existent corners on opposite sides of the lost township corner;

  (4)  Lost township corners located on standard parallels and common only to two townships shall be reestablished by single proportionate measurement between the nearest existent corners on opposite sides of the lost township corner on the standard parallel;

  (5)  Lost corners on township exteriors, excluding corners referenced in subdivision (3) of this section, whether they are standard or closing corners, shall be reestablished by single proportionate measurement on the line connecting the next nearest existent standard or closing corner on opposite sides of the lost corner;

  (6)  A lost interior corner of four sections shall be reestablished by double proportionate measurement;

  (7)  All lost quarter-section corners on the section boundaries within the township shall be reestablished by single proportionate measurement between the adjoining section corners, after the section corners have been identified or reestablished; and

  (8)  Where a line has been terminated with a measurement in one direction only, a lost corner shall be reestablished by record bearing and distance, counting from the nearest regular corner, the latter having been duly identified or reestablished.

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(L. 1989 H.B. 190, et al., A.L. 1999 H.B. 776, A.L. 2022 1st Ex. Sess. H.B. 3)

Effective 1-02-23