(1) Whenever the proper location of any section corner or quarter section corner is in dispute, a corner monument shall be established by the county surveyor for the county in which such corner is located pursuant to this section.
(2) (a) Upon receipt of an application from any party in interest and the fee required pursuant to subsection (4) of this section and subsequent to giving notice as required pursuant to paragraph (b) of this subsection (2), the county surveyor shall gather evidence and conduct any necessary surveys to establish the location of a monument.
(b) Within two weeks of receipt of an application and fee pursuant to paragraph (a) of this subsection (2), the county surveyor shall give notice including the date when such surveyor will be in the vicinity of the disputed corner in the following manner:
For parties whose property rights might be affected by the establishment of the location of a monument, by written notice;
For parties to whom written notice cannot be given because of an incorrect addressor because there are more than fifty known affected landowners, by publishing for four consecutive weeks in a newspaper of general circulation in the applicable county or, if there is no newspaper published in such county, in some newspaper of general circulation published in the nearest county;
For all professional land surveyors who have filed a monument record on the disputed corner or on any aliquot corner within one mile thereof and all professional land surveyors known to have performed land surveys in the vicinity of the disputed corner, by written notice to the extent practicable.
(3) (a) On the date given in the notices pursuant to subsection (2) of this section, the county surveyor shall proceed to establish the corner monument in accordance with section 3851-103, C.R.S., and with the field notes of original surveys made by the United States by firmly planting a monument at the points found. The county surveyor shall accurately take and note courses and distances from such established monument to one or more prominent objects of a permanent nature if there are any in the vicinity and make a plat or map of the survey.
The county surveyor shall record the survey and a statement of the proceedings, including the application, notice, and names of the parties in interest, in the records of the office of the county surveyor.
Any corner monument established pursuant to this section shall be the true and legalmonument defining the boundary corner as stated in the record of the survey; except that any affected party may, pursuant to article 44 of title 38, C.R.S., appeal the result within six months after the date the corner monument is established.
(a) The reasonable fees and expenses incurred by the county surveyor in establishing a corner shall be paid by the party applying therefor.
At the time the application is filed, the county surveyor shall estimate the probablefees and expenses to be incurred in establishing the corner and shall collect that amount from the applicant.
After the corner has been established, if the estimated amount exceeds the actual feesand expenses, the excess shall be refunded. If the fees and expenses exceed the estimated amount, the applicant shall pay the difference to the county surveyor.
Source: L. 94: Entire section added, p. 1508, § 42, effective July 1. L. 97: (3)(c) amended, p. 1629, § 4, effective July 1. L. 2010: (3)(c) amended, (HB 10-1085), ch. 95, p. 324, § 3, effective August 11.