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County Surveyor review of legal descriptions

Posted: Mon Apr 01, 2013 4:24 pm
by Turninangles
We all know that the County Surveyor is required to review a record of survey for statutory compliance. The same is true for corner records.

Please, someone tell me the origin of authority for the mandatory review of a legal description by the County Surveyor. Please, point out the text that I have overlooked in all my readings of the CA Business and Professions Code. I would really like to know why my client is being charged $300 for a review that, until this point, I was happily unaware of a statute requiring such review. My recent search has produced no results indicating existence of such text in our laws. I'd like to know when I'm wrong.

Is my interpretation misguided that a local ordinance cannot be imposed unless specifically authorized by state law?

Please point out the error of my ways, I'd like to be the best land surveyor I can be. Or can I just tell the CS to pound sand like I'm so joyfully looking forward to? I'd like some input from my brethren before proceeding.

Heilige Scheisse! ... for that kind of coin ...

Posted: Mon Apr 01, 2013 8:02 pm
by Dhanrion
the CS should just write it for your client. Seems like a serious 'money grab' to me.

On a serious note: the only legal descriptions that I have experienced a mandatory review by an agency PLS has been for Boundary Line Adjustments (BLA) in Nevada. We are required to record the 8.5 x 11 document (contains the record descriptions of the original parcels, accompanied with the 'new' descriptions), simultaneously with an "Record of Survey in Support of a Boundary Line Adjustment".

We do not perform LLA (BLA) for Forest Service land conveyances; no Federal authority to do so, so I won't be much help for CA instances. But I am curious now that you have asked the question.

Posted: Tue Apr 02, 2013 6:55 am
by pls7809
If it is for a private transaction, then I agree with you.

If the description is for something being dedicated or an easement grant to the County, or a LLA, or Cert of compliance, which likely requires a county signature and seal, then CS review is standard.

Posted: Tue Apr 02, 2013 11:24 am
by E_Page
The questions and statements in the OP need context. What is the description being used for? Who are the parties of the transaction? What involvement, other than the CS review, does the County have?

Posted: Thu Apr 04, 2013 4:03 pm
by Turninangles
I apologize for not responding in a more timely fashion.

Yes, the legal description is being prepared for a LLA/COC and I can now see the interest toe County has in the resulting legal. I guess I am tired of paying "reasonable" fees to agencies that "serve" the public.

Thank you for your input.

Posted: Fri Apr 05, 2013 5:39 am
by Lee Hixson
So this is your first LLA?

Posted: Fri Apr 05, 2013 12:00 pm
by Turninangles
No, this isn't my first LLA. But after some recent charges by the public agency that felt akin to extortion, I had lost my cool somewhat. My initial goal was to determine the source of authority of a required review, where the State had not granted authority to my knowledge.