AS Title 34, Chapter 65: Land Surveys

Chapter 65. Land Surveys. Sec. 34.65.010. Purpose. The purpose of this chapter is to authorize right of entry on land for survey purposes, and to provide a method for preserving evidence of land surveys by filing records of survey and monument records. The provisions of this chapter supplement laws relating to land survey platting and subdivision surveys. Sec. 34.65.020. Entry upon land for survey purposes. (a) A land surveyor or an employee of a land surveyor may enter public or private land or water in the state only to occupy, locate, relocate, install, or replace survey monuments, to locate boundaries, to determine geodetic positions, and to make surveys and maps. (b) The land surveyor shall give reasonable notice to the owner or occupant of the land of an intent to enter private land for survey purposes. The notice must indicate the anticipated date of the entry for survey purposes. (c) Notice under (b) of this section is not required for a survey along previously surveyed boundaries within a platted subdivision accepted or recorded by the federal government or approved under AS 29.40.110 or 40.15.010. (d) A land surveyor or an employee of a land surveyor who complies with the notice requirements of (b) of this section is liable to the landowner only for actual damages. (e) The attorney general may bring an action in the name of the state to restrain and prevent the obstruction of entry under (a) of this section. Sec. 34.65.030. Records of survey. After making a survey in conformity with the practice and definition of land surveying, a land surveyor shall record with the district recorder a record of the survey within 90 days if the survey discloses (1) material evidence or physical change that in whole or in part does not appear on a plat of record previously filed or recorded in the office of the district recorder or in the records of the Bureau of Land Management; (2) a material discrepancy with a plat of record previously filed or recorded in the office of the district recorder or in the records of the Bureau of Land Management; or (3) evidence that by reasonable analysis might result in alternate positions of boundaries from those of record. Sec. 34.65.040. Records of monument. (a) A land surveyor who in the course of a survey establishes, reestablishes, uses as control, or restores a monument to make it readily identifiable or reasonably durable shall record a monument record, unless the monument and its accessories are substantially as described in a monument record filed or recorded under this chapter or on a survey plat of record. (b) An agency whose activities will disturb or destroy a monument or its accessories shall have a land surveyor (1) record a monument record before the monument or its accessories are disturbed or destroyed; (2) restore or replace the monument and its accessories after the activities have ceased; and (3) record a new monument record after restoring or replacing the monument or its accessories. (c) A person who disturbs or destroys a monument shall record a notice of the disturbance or destruction in the office of the district recorder. (d) A land surveyor may record a monument record for any monument. (e) A land surveyor who is required to record a monument record under this section shall do so within 90 days of the completion of the survey or of the establishment, reestablishment, or rehabilitation of a monument. (f) A monument record shall be signed and sealed by the land surveyor responsible for the survey. Sec. 34.65.050. When record of survey is not required. A record of survey is not required for a survey (1) made by the Bureau of Land Management; (2) when a plat of the survey has been recorded or will be recorded within 18 months after the field survey is completed. Sec. 34.65.060. Duties of the commissioner. (a) The commissioner shall adopt regulations to implement this chapter. (b) The commissioner shall provide a standard form for a monument record. Sec. 34.65.070. Duties of the district recorder. (a) The district recorder shall provide a copy of a monument record or a copy of a record of survey to the municipal clerk for the municipality in which the monument or survey is located. (b) The district recorder shall keep a proper index of monument records and records of survey by the survey name, tract designation, subdivision designation, or United States public land designation. Sec. 34.65.100. Definitions. In this chapter, (1) “commissioner” means the commissioner of natural resources; (2) “land surveyor” means a professional land surveyor licensed under AS 08.48 ; (3) “monument” means (A) a United States public land survey monument; (B) an Alaska state land survey primary monument; (C) an exterior primary monument controlling a recorded survey; (D) a geodetic control monument established by a state or federal agency; (4) “subdivision” has the meaning given in AS 40.15.900 ; (5) “United States public land survey monument” (A) means a survey monument established in a cadastral survey by the Bureau of Land Management or its predecessor; (B) includes a monument in a United States special survey and United States mineral survey that is a part of the public land records of the Bureau of Land Management.