Kansas Statutes

Chapter 19: Counties And County Officers

Article 14: County Surveyor Or Engineer

Statutes:

• 19-1401:
• 19-1402: Deputies; liability for acts.
• 19-1403: County engineer as surveyor, when; qualifications, powers and duties of county surveyor.
• 19-1403a:
• 19-1404: Neglect or misconduct of surveyor or deputies; suit on bond.
• 19-1405: Surveys for use in court; administration of oath; testimony of witnesses.
• 19-1406:
• 19-1407: Records of surveyor.
• 19-1408:
• 19-1409: Method of subdividing sections into quarter sections.
• 19-1410:
• 19-1411: Establishment of center corners and quarter-section corners of sections closing on a parallel or base line.
• 19-1412: Re-establishment of missing corners.
• 19-1413: Molesting or threatening surveyor; penalty.
• 19-1414: Survey as evidence.
• 19-1415: Copies of plats and field notes.
• 19-1416: Oath before commencing road survey.
• 19-1417: Chainmen, markers, flagmen, rodmen; compensation.
• 19-1418: Plats and field notes of the original federal surveys.
• 19-1419: Taking evidence on survey.
• 19-1420: Record of road survey; descriptions of real estate; surveys generally; road work; civil engineer.
• 19-1421: Calculations of irregular tract of land; variations of magnetic needle from true meridian.
• 19-1422: Rules to be observed in resurvey under authority of the United States.
• 19-1423: Procedure to establish corners and boundaries; notice, costs.
• 19-1424: Waiver of service; when publication service complete.
• 19-1425: When survey to be made; testimony of witnesses.
• 19-1426: Appeal from report of survey; recordation of survey.
• 19-1427:
• 19-1428: Survey affecting county line; notice; appeal.
• 19-1429:
• 19-1430: Protection of cornerstones and monuments.
• 19-1431:
• 19-1432: Resetting cornerstone; record of proceedings; costs.
• 19-1433:

• 19-1401:

        History:   R.S. 1923, 19-1401; L. 1959, ch. 131, § 1; L. 1976, ch. 123, § 6; L. 1983, ch. 95, § 1; Repealed, L. 1999, ch. 27, § 4; July 1.

• 19-1402: Deputies; liability for acts. Each county surveyor, after being duly qualified as provided in the foregoing section, may appoint such number of deputy surveyors under him as he may think proper, being responsible for the correctness of their official acts, which deputies shall, respectively, before they enter upon the duties of their office, take a similar oath or affirmation to that required of the county surveyor; and all official duties performed and surveys made by a deputy surveyor shall be signed by him officially, and shall be as good and valid in every respect as if the same had been done by the county surveyor.

        History:   G.S. 1868, ch. 25, § 154; Oct. 31; R.S. 1923, 19-1402.

• 19-1403: County engineer as surveyor, when; qualifications, powers and duties of county surveyor. The county engineer shall perform all the duties now or hereafter required by law to be performed by the county surveyor, except in counties having a population of more than one hundred thousand (100,000) and not more than two hundred fifty thousand (250,000), and having a city of the first class of seventy-five thousand (75,000) or more population, which counties shall have a county surveyor regularly elected as provided by law, who shall be invested with the powers and duties pertaining to the office of county surveyor. No person shall be eligible to hold the office of county surveyor or perform the duties thereof who is not a practical and competent surveyor. In case there is no such practical and competent surveyor in any county who will accept such office, and where such facts are certified by the county commissioners of any county, then some practical and competent surveyor may be appointed to such office from any other county. This act shall be so construed as to permit any such person to be county surveyor of one or more counties at the same time.

        History:   R.S. 1923, 19-1403; L. 1959, ch. 131, § 2; April 2.

• 19-1403a:

        History:   L. 1949, ch. 219, § 1; L. 1957, ch. 164, § 1; Repealed, L. 1996, ch. 62, § 1; July 1.

• 19-1404: Neglect or misconduct of surveyor or deputies; suit on bond. Any person who may think himself injured by the neglect or misconduct of any county surveyor, or any of his deputies, may institute suit on the bond executed by such county surveyor and his sureties; and in case the party for whose benefit such suit may be brought shall obtain a judgment for any damage or loss by him sustained, he may sue out an execution on such judgment as in other cases; and the bond may be sued on in like manner by each and every person aggrieved.

        History:   G.S. 1868, ch. 25, § 155; Oct. 31; R.S. 1923, 19-1404.

• 19-1405: Surveys for use in court; administration of oath; testimony of witnesses. When any county surveyor or his deputy may be called upon to make any survey or surveys, which is or are to be used in any court, the adverse party having notice of the time of making such survey or surveys, such county surveyor or deputy is hereby authorized and required, upon application of either party, to administer an oath or affirmation to any witness who may be brought to prove any corner or line of such survey or surveys, or of any material or artificial object or mark which may be necessary to identify the same; which testimony shall be reduced to writing, and subscribed by the witness or witnesses, and a return made thereof to the court, with the return of the surveyor.

        History:   G.S. 1868, ch. 25, § 157; Oct. 31; R.S. 1923, 19-1405.

• 19-1406:

        History:   G.S. 1868, ch. 25, § 158; R.S. 1923, 19-1406; Repealed, L. 1961, ch. 135, § 1; June 30.

• 19-1407: Records of surveyor. The county surveyor shall keep records to show the following:

        (1)   All surveys;

        (2)   a plat of each survey showing all course lengths and angles of deflection, to a scale of not less than four (4) inches to the mile, and showing a directional arrow, a location legend and such other data as will properly identify the plat;

        (3)   a full set of field notes, setting forth the chainage and direction of all courses, and recording the stations of all permanent fences and boundaries and of such existing landmarks as will allow a complete study of the property, from such record;

        (4)   a description of all corners found or set with a tie-in to at least three (3) permanent markers or witnesses also described, together with their direction and distance from a stone or corner.

        History:   G.S. 1868, ch. 25, § 159; R.S. 1923, 19-1407; L. 1961, ch. 136, § 1; June 30.

• 19-1408:

        History:   L. 1915, ch. 176, § 1; R.S. 1923, 19-1408; Repealed, L. 1961, ch. 135, § 1; June 30.

• 19-1409: Method of subdividing sections into quarter sections. In the subdivision of sections of land, as surveyed by the United State surveyors into quarter sections, the following method shall be followed, to wit: The surveyor shall proceed to connect the points of position of the monuments marked "one quarter S.," commonly known as quarter-section corner monuments, which are upon opposite sides of the section, by tracing a straight line from one to the other; he shall then ascertain the point of intersection of the two straight lines as above mentioned, and the said point of intersection shall be the point of position of the corner common to the four quarters of the section subdivided. The provisions of this article shall not apply to center corners of sections already established according to law.

        History:   G.S. 1868, ch. 25, § 161; Oct. 31; R.S. 1923, 19-1409.

• 19-1410:

        History:   G.S. 1868, ch. 25, § 162; R.S. 1923, 19-1410; Repealed, L. 1961, ch. 135, § 1; June 30.

• 19-1411: Establishment of center corners and quarter-section corners of sections closing on a parallel or base line. In establishing the center corner of all sections closing on a parallel or base line, the county surveyor or his deputy shall commence at the quarter-section corner on the south boundary of the section, and run a line north parallel to the east boundary of said section; and at forty chains from the quarter-section corner on the south boundary, or place of commencement, said county surveyor or his deputy shall permanently establish the center corner of the section; and at the point where the said north line produced intersects the parallel or base line, which must be just forty chains west of northeast corner of the section, said county surveyor or his deputy must permanently establish the quarter-section corner on the north boundary of the section.

        History:   G.S. 1868, ch. 25, § 163; Oct. 31; R.S. 1923, 19-1411.

• 19-1412: Re-establishment of missing corners. In re-establishing missing corners, where no bearing or witness tree or trees can be found, the county surveyor or his deputy shall establish said missing corners in accordance with the government surveys. Where government surveys cannot be accurately followed, missing corners shall be established by proportionate measurement or existing landmarks supplemented with other location data, monuments, chainage, and the stone of the corners shall be replaced according to the best calculations of the county surveyor, taking into account all the data, and, if necessary, replacing the proportionate measurement requirement.

        History:   G.S. 1868, ch. 25, § 164; R.S. 1923, 19-1412; L. 1961, ch. 136, § 2; June 30.

• 19-1413: Molesting or threatening surveyor; penalty. If any county surveyor or his deputy shall be molested, or prevented from doing or performing any of his or their official duties, by means of threats or improper interference of any person or persons, such surveyor shall call on the sheriff of the county, who shall accompany him and remove all force; and the person or persons thus threatening or improperly interfering with any county surveyor or his deputy, while performing his or their official duties, shall on conviction thereof be fined in a sum not exceeding one hundred dollars, and moreover be liable for all damages to any person by the hindrance of the surveyor or his deputy, and also for all the expenses that may accrue in consequence of the attendance of the sheriff.

        History:   G.S. 1868, ch. 25, § 165; Oct. 31; R.S. 1923, 19-1413.

• 19-1414: Survey as evidence. Any survey made by any county surveyor or his deputy, or by any city engineer, shall be evidence in any court in this state, but shall not be conclusive.

        History:   G.S. 1868, ch. 25, § 166; L. 1921, ch. 154, § 1; May 25; R.S. 1923, 19-1414.

• 19-1415: Copies of plats and field notes. Copies of said plats and field notes, duly certified by the county surveyor, shall be received in evidence in any cause where the original plats and field notes could be used.

        History:   G.S. 1868, ch. 25, § 169; Oct. 31; R.S. 1923, 19-1415.

• 19-1416: Oath before commencing road survey. That it shall not be necessary for the county surveyor to take an oath or affirmation before commencing his duties to survey roads, except as is provided by law, when he takes his oath of office, as is provided in Laws of 1913, chapter 157, section 1 [19-1401].

        History:   L. 1871, ch. 75, § 2; March 16; R.S. 1923, 19-1416.

• 19-1417: Chainmen, markers, flagmen, rodmen; compensation. It shall be the duty of each county surveyor to employ disinterested persons to act as chainmen; and he may appoint markers, flagmen and rodmen; and the expenses of the chainmen, markers, flagmen and rodmen shall be paid in advance, if required by the county surveyor or his deputy, by the party on whose application the survey may be made, and the money so advanced shall be accounted for by the surveyor and the amount expended to be taxed on the bill of cost. Any chainman, marker or flagman appointed as aforesaid shall receive for each day that he may be actually employed in performing the work the prevailing wages for like services within the area, as determined by the board of county commissioners.

        History:   L. 1891, ch. 89, § 1; L. 1917, ch. 146, § 1; L. 1919, ch. 156, § 1; R.S. 1923, 19-1417; L. 1951, ch. 222, § 1; L. 1961, ch. 136, § 3; June 30.

• 19-1418: Plats and field notes of the original federal surveys. That it shall be the duty of the county surveyor of each county, when instructed to do so by the commissioners of their county, to procure official copies of the plats and field notes of the original surveys of the United States of the lands of his county not already procured, and shall have the same substantially bound in book form. The county commissioners shall pay for such plats and field notes and binding out of the county funds. The county surveyor of each county shall deposit the copy of such plats and field notes now in his office, or hereafter received, in the office of register of deeds of his county, and the same shall be there kept for the convenience of the public, and the same, or copies thereof, duly certified by such register of deeds, shall be admitted and received in evidence in like form and manner, and under like circumstances, and to the same effect, as are other records of the said register of deeds' office, or copies thereof.

        History:   L. 1891, ch. 89, § 2; L. 1907, ch. 169, § 1; May 27; R.S. 1923, 19-1418.

• 19-1419: Taking evidence on survey. The county surveyor or his deputy is authorized to administer all oaths or affirmations necessary to the legal establishment of roads and other surveys, and to take the evidence of any person who may be produced to prove any point material to such survey, and is authorized to summon before him at any convenient place in his county any person or persons in his county, whom he has good reason to believe could furnish material evidence as to the true location of any corners or boundaries involved in any survey then being made by such surveyor, and to administer the proper oath or affirmation to all such witnesses, and take their testimony in writing.

        History:   L. 1891, ch. 89, § 3; L. 1913, ch. 158, § 1; April 30; R.S. 1923, 19-1419.

• 19-1420: Record of road survey; descriptions of real estate; surveys generally; road work; civil engineer. Upon the establishment of any road, the county surveyor shall enter the plat and field notes thereof upon the official road record of the county. He shall, when ordered by the board of county commissioners, make out a complete description of all or any part of the real estate of his county, to be made out and entered in proper rolls furnished by the county clerk for such purpose. The county surveyor shall, when ordered by the county commissioners, make complete surveys, plans, specifications and estimates for all bridges, culverts, roads, ditches, or other public works to be constructed under the authority of the board of county commissioners, and shall report the same with his recommendations thereon, and when so ordered he shall superintend the construction of such work, and make reports on the progress of the same to the board of county commissioners as often as they may require: Provided, That the board of county commissioners may employ a civil engineer or architect to act alone or in conjunction with the county surveyor in making plans, specifications and estimates for any bridge, culvert, road, ditch or other public work to be constructed by the county, and in superintending the construction of the same.

        History:   L. 1891, ch. 89, § 4; March 14; R.S. 1923, 19-1420.

• 19-1421: Calculations of irregular tract of land; variations of magnetic needle from true meridian. All calculations to ascertain the contents of an irregular tract of land by the county surveyor or his deputy, or other person or persons who may at any time be called by the court to execute a survey, shall be made by latitude and departure, and on each plat the county surveyor or his deputies, or the person or persons called on by the court as aforesaid, shall lay down the variations of the magnetic needle from the true meridian.

        History:   L. 1891, ch. 89, § 5; March 14; R.S. 1923, 19-1421.

• 19-1422: Rules to be observed in resurvey under authority of the United States. In the resurvey of land surveyed under the authority of the United States, the county surveyor shall observe the following rules to wit:

        First, Section and quarter-section corners, and all other corners established by the government survey, must stand as the true corners.

        Second, They must be re-established at the identical spot where the original corner was located by the government surveyor, when this can be determined.

        Third, When this cannot be done, then said corners must be re-established in accordance with the provisions of section 19-1412 of the General Statutes of 1949, as amended.

        History:   L. 1891, ch. 89, § 6; R.S. 1923, 19-1422; L. 1961, ch. 136, § 4; June 30.

• 19-1423: Procedure to establish corners and boundaries; notice, costs. Whenever the owner or owners of one or more tracts of land shall desire to permanently establish the corners and boundaries thereof, such owner or owners shall notify the county surveyor to make a survey thereof and establish such corners and boundaries, and shall furnish to the county surveyor the name or names and address or addresses of all persons residing in the county and elsewhere, so far as known, who may be affected by such survey. The county surveyor shall cause a notice in writing to be served on each person who may be affected by the survey, or their agent or agents residing in such county, stating the time when the surveyor will begin the survey, and the lines or corners to be established, which notice shall be delivered to the person or left at their usual place of residence, at least six days prior to the day set for the survey.

        Upon the landowners who may be affected by the survey, and who do not reside in the county, notice may be served by publication in a newspaper published in the county, if there is one, once in each week for three consecutive weeks, the last publication to be made at least three days prior to the day set for beginning the survey, and in case no newspaper is published in the county, then in some newspaper published in the state which has general circulation in the county, or such notice may be served by mailing, by registered mail, postage prepaid, with return receipt requested, addressed to such person at their usual place of residence with proper post-office address. In all cases where all the landowners interested shall consent in writing, the county surveyor may, at such time as may be agreed upon, proceed to establish such corners and boundaries without serving notice as required by this section. Proof of service of notice as herein provided shall be made and entered of record in the office of the county surveyor.

        All costs incurred by the county surveyor in conducting such survey and proceedings for establishing the corners and boundaries of any tract or tracts of land requested by the owner of such property shall be paid by the party or parties requesting such survey. All costs incurred by the county surveyor in conducting surveys and proceedings for establishing the corners and boundaries of tracts of land which are authorized and directed by the board of county commissioners shall be paid from funds of the county available for such purpose.

        History:   L. 1891, ch. 89, § 7; R.S. 1923, 19-1423; L. 1961, ch. 136, § 5; L. 1986, ch. 103, § 1; July 1.

• 19-1424: Waiver of service; when publication service complete. An acknowledgment in writing, or the voluntary appearance of a person interested in the survey, is equivalent to service. Service by publication shall be deemed complete when it shall have been made in the manner and for the time prescribed in the preceding section, for all the purposes of this act.

        History:   L. 1891, ch. 89, § 8; March 14; R.S. 1923, 19-1424.

• 19-1425: When survey to be made; testimony of witnesses. On the day mentioned in the notice, or on the next day thereafter, the surveyor shall proceed to make the survey, but he may for good cause adjourn from time to time. He may, upon the application of any party who is interested in such survey, take the evidence of any witness who may be produced to prove any point material to such survey, which testimony shall be reduced to writing and subscribed and sworn to by the witness, and together with an accurate plat and field notes of such survey shall be filed in the office of the county surveyor within thirty days after the completion of such survey.

        History:   L. 1891, ch. 89, § 9; March 14; R.S. 1923, 19-1425.

• 19-1426: Appeal from report of survey; recordation of survey. (a) Upon the filing of the report of each survey, any person interested in the same can at any time within 30 days thereafter appeal to the district court, by filing with the county surveyor a notice of such person's intention to appeal and by giving a bond, to be approved by the judge of the district court, conditioned for the payment of costs of the appeal if the report of the county surveyor is affirmed by the court. Upon the filing of such notice and bond the county surveyor shall certify the appeal to the clerk of the district court, and shall file with the clerk a certified copy of the report appealed from, including the affidavits, if any, filed therewith. The court shall hear and determine the appeal, and enter an order of judgment approving or rejecting the report, or modifying or amending the report, or may refer the report back to the surveyor to correct the survey and report in conformity with the decree of the court, or may, for good cause shown, set aside the report and appoint one or more surveyors, who shall proceed at the time mentioned in the order of the court, to survey and determine the corners and boundaries of the land in question, and shall report the same to the court for further action.

        (b)   The corners and boundaries established in any survey made in pursuance of an agreement, or in any survey where no appeal is taken from the surveyor's report, and such corners and boundaries as are established by the decree of the court, shall be held and considered as permanently established, and shall not thereafter be changed. When any report of a survey made in pursuance of an agreement, or of legal notice, or by the order of court, becomes final, it shall be the duty of the county surveyor to record the report in the records of permanent surveys. The county surveyor shall also make a certified record of such survey on paper of the same size as the record of permanent surveys, suitable for binding, and shall file the record in the office of register of deeds.

        History:   L. 1891, ch. 89, § 10; R.S. 1923, 19-1426; L. 1992, ch. 314, § 2; July 1.

• 19-1427:

        History:   L. 1891, ch. 89, § 11; R.S. 1923, 19-1427; L. 1961, ch. 136, § 6; L. 1967, ch. 139, § 1; Repealed, L. 1977, ch. 91, § 1; July 1.

• 19-1428: Survey affecting county line; notice; appeal. In any survey affecting a county line, the surveyor who may be called on to make the survey shall serve notice upon the county surveyor of the adjoining county, and they shall agree upon a time, and they shall each serve notice upon the landowners of their respective counties who are interested in such survey, in the same manner as is provided in K.S.A. 19-1423 and 19-1424, and shall make such survey in the same manner as other surveys; and each surveyor shall file a copy of the plat and field notes of such survey in the county surveyor's office. Appeals from the said survey may be made, and to the same effect as in K.S.A. 19-1426. The corners and boundaries so established and recorded in each county shall be held to be permanent, and shall never be changed.

        History:   L. 1891, ch. 89, § 12; March 14; R.S. 1923, 19-1428.

• 19-1429:

        History:   L. 1891, ch. 89, § 13; L. 1895, ch. 253, § 1; R.S. 1923, 19-1429; Repealed, L. 1961, ch. 135, § 1; June 30.

• 19-1430: Protection of cornerstones and monuments. When he shall find or be notified that, by reason of the wearing, washing or blowing of the land below its usual surface, a cornerstone or monument is in danger of being displaced or destroyed, it shall be the duty of the township trustee on township roads, the county surveyor on county roads, and of persons, firms or corporations on their property, to at once fill in around such cornerstone or monument in such manner as to make it secure; and further, when a cornerstone or monument projects above the usual grade of a roadbed enough to be in danger of being displaced by travel, by road graders, or by other means, or if by reason of intended cuts or fills the cornerstone or monument is likely to be displaced or destroyed or covered to a depth exceeding two (2) feet or covered with concrete, asphalt or other permanent type surfacing, and such cornerstone or monument has not at least two (2) duly recorded witness monuments, the county surveyor shall be given notice, served in person or by certified mail, of such fact, together with the location of such cornerstone or monument.

        History:   L. 1907, ch. 233, § 1; R.S. 1923, 19-1430; L. 1961, ch. 136, § 7; June 30.

• 19-1431:

        History:   L. 1907, ch. 233, § 2; R.S. 1923, 19-1431; Repealed, L. 1961, ch. 136, § 9; June 30.

• 19-1432: Resetting cornerstone; record of proceedings; costs. Upon receipt of notice pursuant to K.S.A. 19-1430, and amendments thereto, that a cornerstone or monument projects above the usual grade of a roadbed, the surveyor shall notify the governing body having jurisdiction over such road. The governing body for township roads shall be the township board. The governing body of county roads shall be the board of county commissioners. The governing body of state and federal roads shall be the Kansas department of transportation. If the appropriate governing body determines the cornerstone or monument needs to be reset, the surveyor shall proceed to reset such cornerstone or monument and set at least two witness monuments, in a manner calculated to permanently preserve and mark the proper location of the cornerstone or monument. The surveyor shall record such proceedings, together with a substantial description of the cornerstone or monument, and the witness monuments, with distances and courses to same, in the manner provided by the law of permanent surveys. If the governing body determines a cornerstone or monument which projects above the usual grade of a roadbed needs to be reset, the cost of resetting cornerstones or monuments on township roads shall be paid from township road funds, on county roads from county road funds, state and federal roads from the state highway fund. The cost of resetting cornerstones or monuments on property of persons, firms or corporations the costs shall be paid by the parties for whom the service is performed.

        Nothing in this section shall be construed as prohibiting the resetting of cornerstones or monuments by any land surveyor during the course of a survey paid for by the landowner requesting such survey.

        History:   L. 1907, ch. 233, § 3; R.S. 1923, 19-1432; L. 1961, ch. 136, § 8; L. 1998, ch. 111, § 2; July 1.

• 19-1433:

        History:   L. 1913, ch. 159, § 1; R.S. 1923, 19-1433; Repealed, L. 1947, ch. 190, § 1; June 30.