HOUSE BILL 971217
BY REPRESENTATIVES Dyer and George;
also SENATORS B. Alexander and Tebedo.
CONCERNING REQUIREMENTS FOR PROFESSIONAL LAND SURVEYORS.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 1225202
(6), Colorado Revised Statutes, 1991 Repl. Vol., as amended, is
amended to read:
1225202. Definitions.
As used in this part 2, unless the context otherwise requires:
(6) (a) "Professional land surveying"
means any service or work, the adequate
performance of which involves: The application of special knowledge
of the principles of mathematics; the related physical and applied
sciences; and the relevant requirements of law for measuring and
locating points, lines, angles, elevations, and nonnatural features
in the air, on the surface of the earth, within underground workings,
and on the beds of bodies of water for determining relative position
and areas as they pertain to the monumenting of property boundaries,
condominium measurements, and for the platting and layout of lands
and subdivisions thereof, including the topography, alignment,
and grades of streets and for the preparation and perpetuation
of maps, record plats, field note records, and property or legal
descriptions that represent these surveys. Professional land surveying
may also include other types of surveying.
THE APPLICATION OF SPECIAL KNOWLEDGE OF PRINCIPLES OF MATHEMATICS,
METHODS OF MEASUREMENT, AND LAW FOR THE DETERMINATION AND PRESERVATION
OF LAND BOUNDARIES. "PROFESSIONAL LAND SURVEYING" SPECIFICALLY
INCLUDES:
(I) RESTORATION AND REHABILITATION OF
CORNERS AND BOUNDARIES IN THE UNITED STATES PUBLIC LAND SURVEY
SYSTEM;
(II) OBTAINING AND EVALUATING BOUNDARY
EVIDENCE;
(III) DETERMINATION OF THE AREAS AND ELEVATIONS
OF LAND PARCELS;
(IV) SUBDIVISION OF LAND PARCELS INTO
SMALLER PARCELS AND LAYOUT OF ALIGNMENT AND GRADES FOR STREETS
OR ROADS TO SERVE SUCH SMALLER PARCELS;
(V) MEASURING AND PLATTING UNDERGROUND
MINE WORKINGS;
(VI) PREPARATION OF THE BOUNDARY CONTROL
PORTIONS OF GEOGRAPHIC INFORMATION SYSTEMS AND LAND INFORMATION
SYSTEMS EXCEPT AS ALLOWED OTHERWISE BY SECTION 3851109.3,
C.R.S.;
(VII) ESTABLISHMENT, RESTORATION, AND
REHABILITATION OF LAND SURVEY MONUMENTS AND BENCH MARKS;
(VIII) PREPARATION OF LAND SURVEY PLATS,
CONDOMINIUM PLATS, MONUMENT RECORDS, AND SURVEY REPORTS;
(IX) SURVEYING, MONUMENTING, AND PLATTING
OF EASEMENTS AND RIGHTSOFWAY;
(X) GEODETIC SURVEYING; AND
(XI) ANY OTHER ACTIVITIES INCIDENTAL TO
AND NECESSARY FOR THE ADEQUATE PERFORMANCE OF THE SERVICES DESCRIBED
IN THIS PARAGRAPH (a).
(b) An individual shall be construed as
practicing or offering to practice "professional land surveying"
within the meaning and intent of this part 2 if such individual
engages therein or, by verbal claim, sign, letterhead, or card
or in any other way holds himself or herself out to be a professional
land surveyor or as being able to perform any professional land
surveying service or if such individual does perform any professional
land surveying service or work. or
any other service designated by the practitioner which is recognized
as "professional land surveying".
(c) PROFESSIONAL LAND SURVEYING MAY INCLUDE
OTHER TYPES OF SURVEYING.
SECTION 2. 1225209
(7), Colorado Revised Statutes, 1991 Repl. Vol., is amended to
read:
1225209. Disciplinary proceedings
injunctive relief procedure. (7) The
board, the program administrator, or the administrative law judge
may issue a subpoena compelling the attendance and testimony of
witnesses and the production of books, papers, and records pursuant
to an investigation or a hearing of the board. Any subpoena issued
shall be served in the manner provided in the Colorado rules of
civil procedure. THE REGISTRANT OR CERTIFICANT IN ANY ACTION BEFORE
THE BOARD SHALL HAVE COMPARABLE RIGHTS OF SUBPOENA PURSUANT TO
SECTION 244105 (5), C.R.S. If any person refuses to
obey any subpoena so issued or to testify or produce any books,
papers, or documents, the board may petition the district court
having jurisdiction, setting forth the facts, and thereupon such
district court, in a proper case, shall issue its subpoena. Failure
to obey the court's subpoena shall constitute contempt of court
and shall be punished as provided for in the Colorado rules of
civil procedure.
SECTION 3. 1225209.5,
Colorado Revised Statutes, 1991 Repl. Vol., is amended to read:
1225209.5. Reconsideration
and review of board actions. The board,
on its own motion or upon application, at any time after the imposition
of any discipline as provided in section 1225209,
may reconsider its prior action and reinstate or restore such
license or terminate probation or reduce the severity of its prior
disciplinary action. The taking of any such further action, or
the holding of a hearing with respect thereto, shall rest in the
sole discretion of the board. THE REGISTRANT OR CERTIFICANT IN
ANY ACTION BEFORE THE BOARD SHALL HAVE THE RIGHT TO APPEAL ANY
DECISION OF THE BOARD TO A COURT OF COMPETENT JURISDICTION.
SECTION 4. 3010906
(3) (c), Colorado Revised Statutes, 1986 Repl. Vol., as amended,
is amended to read:
3010906. Disputed boundaries
notice establishment of legal corner monument. (3) (c) Any
corner monument established pursuant to this section shall be
the true and legal monument defining the boundary corner as stated
in the record of the survey; EXCEPT THAT ANY AFFECTED PARTY MAY
APPEAL THE RESULT WITHIN SIX MONTHS AFTER THE DATE THE CORNER
MONUMENT IS ESTABLISHED IN ACCORDANCE WITH ARTICLE 44 OF TITLE
38, C.R.S.
SECTION 5. Article
44 of title 38, Colorado Revised Statutes, 1982 Repl. Vol., as
amended, is amended BY THE ADDITION OF A NEW SECTION to read:
3844113. Establishment
of boundary corner. THE ESTABLISHMENT
OF A BOUNDARY CORNER THROUGH ACQUIESCENCE CONFIRMED BY A COURT
OF COMPETENT JURISDICTION, OR BY WRITTEN AGREEMENT PURSUANT TO
SECTION 3844112, SHALL NOT ALTER THE LOCATION OR VALIDITY
OF ANY EXISTING OR PROPERLY RESTORED PUBLIC LAND SURVEY MONUMENT
IN THE VICINITY. SUCH EXISTING OR PROPERLY RESTORED PUBLIC LAND
SURVEY MONUMENT MAY BE USED TO CONTROL FUTURE LAND SURVEYS IN
THE REGION WHEN SUCH SURVEYS ARE NOT RELATED TO THE BOUNDARY CORNER
ESTABLISHED BY ACQUIESCENCE OR AGREEMENT.
SECTION 6. 3850101
(1) (c), Colorado Revised Statutes, 1982 Repl. Vol., as amended,
is amended to read:
3850101. Survey plat
records file and index system informational purpose.
(1) Survey plats required pursuant to section 3851107
and this section shall:
(c) Within six
TWELVE months after the date the monument is accepted in the field
BY A PROFESSIONAL LAND SURVEYOR PERFORMING A MONUMENTED LAND SURVEY
or is set by a professional land surveyor, be deposited with the
public office designated by the county commissioners.
SECTION 7. 3851102
(6) and (11), Colorado Revised Statutes, 1982 Repl. Vol., as amended,
are amended, and the said 3851102 is further amended
BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS, to read:
3851102. Definitions.
As used in this article, unless the context otherwise requires:
(6) "Control corner" means any
land survey monument
CORNER the position of which controls the location of the boundaries
of a tract or parcel of land.
(6.3) "CORNER" MEANS A POINT
OF REFERENCE DETERMINED BY THE SURVEYING PROCESS.
(11) "Land survey" means a series
of observations and measurements made by
a professional land surveyor pursuant
to sections 3851103, 3851104, and 3851105
for the purpose of locating or restoring any real property boundary.
(12.3) "MONUMENT" MEANS THE
OBJECT OR PHYSICAL STRUCTURE THAT MARKS THE CORNER POINT.
SECTION 8. 3851110
(3) (b), Colorado Revised Statutes, 1982 Repl. Vol., as amended,
is amended to read:
3851110. Violations.
(3) (b) Any person whose registration is revoked
pursuant to paragraph (a) of this subsection (3) shall be entitled
to a hearing on such revocation pursuant to article 4 of title
24, C.R.S., AND MAY APPEAL ANY DECISION OF THE BOARD TO A COURT
OF COMPETENT JURISDICTION.
SECTION 9. 3853103
(6) and (11), Colorado Revised Statutes, 1982 Repl. Vol., as amended,
are amended, and the said 3853103 is further amended
BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS, to read:
3853103. Definitions.
As used in this article, unless the context otherwise requires:
(6) "Control corner" means any
land survey monument
CORNER the position of which controls the location of the boundaries
of a tract or parcel of land.
(6.3) "CORNER" MEANS A POINT
OF REFERENCE DETERMINED BY THE SURVEYING PROCESS.
(11) "Land survey" means a series
of observations and measurements made by
a professional land surveyor pursuant
to sections 3851103, 3851104, and 3851105
for the purpose of locating or restoring any real property boundary.
(12.3) "MONUMENT" MEANS THE
OBJECT OR PHYSICAL STRUCTURE THAT MARKS THE CORNER POINT.
SECTION 10. 3853110
(3) (b), Colorado Revised Statutes, 1982 Repl. Vol., as amended,
is amended to read:
3853110. Violations.
(3) (b) Any person whose registration is revoked
pursuant to paragraph (a) of this subsection (3) shall be entitled
to a hearing on such revocation, pursuant to article 4 of title
24, C.R.S., AND MAY APPEAL ANY DECISION OF THE BOARD TO A COURT
OF COMPETENT JURISDICTION.
SECTION 11. Effective
date. This act shall take effect July 1, 1997.
SECTION 12. Safety
clause. The general assembly hereby finds, determines, and
declares that this act is necessary for the immediate preservation
of the public peace, health, and safety.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Joan M. Albi
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO