§ 38-51-103 — Procedure for subdividing section

(1) Whenever a professional
land surveyor conducts a survey for the purpose of locating a parcel of land which
is described in terms of the nomenclature of the public land survey system, such
professional land surveyor shall proceed according to the applicable rules
contained in the current Manual of Instructions for the Survey of the Public Lands
of the United States published by the United States government printing office;
except that all monumentation shall conform to section 38-51-104.

(2) (a) A section may be subdivided by:

(I) Surveying all necessary aliquot lines in the field; or

(II) Computing the location of the required aliquot corners after making a
field survey which includes all required control corners of the section.

(b) Any section subdivided pursuant to paragraph (a) of this subsection (2)
shall include all control corners that were originally monumented by the United
States government, which must either be found or restored in the field according to
the standards set forth in section 38-51-104.

(c) Monument records shall be filed pursuant to section 38-53-104,
describing each such corner.

(d) For any section subdivided pursuant to this subsection (2) the location of
original aliquot corners of, and procedures used in, the governing official United
States government survey, where applicable, shall take precedence.

Legislative History

Source: L. 94: Entire article R&RE, p. 1516, � 47, effective July 1.