Land Survey Monuments Act.

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(765 ILCS 220/0.01) (from Ch. 133, par. 60-0.1)

Sec. 0.01. Short title. This Act may be cited as the Land Survey Monuments Act.

(Source: P.A. 86-1324.)

 

(765 ILCS 220/1) (from Ch. 133, par. 60-1)

Sec. 1. It is the finding of the General Assembly that there exists a substantial problem of loss and deterioration of land survey monuments with the attendant uncertainty created in titles and transactions of real property in the State of Illinois.

(Source: P.A. 81-1509.)

 

(765 ILCS 220/2) (from Ch. 133, par. 60-2)

Sec. 2. It is the purpose of this Act to establish a program of monumentation and preservation and restoration of existing monuments in order to protect and preserve these important land survey monuments.

(Source: P.A. 79-649.)

 

(765 ILCS 220/3) (from Ch. 133, par. 60-3)

Sec. 3. Definitions. The following words and phrases shall have the meaning ascribed to them in Section 3.01 through 3.06.

(Source: P.A. 79-649.)

 

(765 ILCS 220/3.01) (from Ch. 133, par. 60-3.01)

Sec. 3.01. "Examining Committee" means the examining committee established in Section 3 of "An Act to afford protection to the public by prescribing and regulating the practice of Land Surveying by registration and to repeal an Act therein named".

(Source: P.A. 79-649.)

 

(765 ILCS 220/3.02) (from Ch. 133, par. 60-3.02)

Sec. 3.02. "Monument Record" means a written and illustrated document describing the physical appearance of a survey monument and its accessories.

(Source: P.A. 79-649.)

 

(765 ILCS 220/3.03) (from Ch. 133, par. 60-3.03)

Sec. 3.03. "Public land survey monument" means any land boundary monument or position thereof established on the ground by a cadastral survey of the United States Government and made part of United States public land records.

(Source: P.A. 79-649.)

 

(765 ILCS 220/3.04) (from Ch. 133, par. 60-3.04)

Sec. 3.04. "Accessory" means any physical evidence in the vicinity of a survey monument or position thereof, the relative position of which is of public record and which is used to perpetuate the location of the monument. Accessories shall be construed to include the accessories recorded in the original survey notes, and additional reference points and dimensions furnished by subsequent land surveyors or attested to in writing by persons having personal knowledge of the original location of the monument.

(Source: P.A. 81-1509.)

 

(765 ILCS 220/3.05) (from Ch. 133, par. 60-3.05)

Sec. 3.05. "Aliquot corner" means any corner in the public land survey system created by subdividing a section of land according to the rules of procedure set forth in the "Manual of Instructions for the Survey of the Public Lands of the United States".

(Source: P.A. 79-649.)

 

(765 ILCS 220/3.06) (from Ch. 133, par. 60-3.06)

Sec. 3.06. "Control Corner" means any land survey monument whose position controls the location of the boundaries of a tract or parcel of land. The control corner may or may not be included within the perimeter of said tract or parcel.

(Source: P.A. 79-649.)

 

(765 ILCS 220/4) (from Ch. 133, par. 60-4)

Sec. 4. An entry book shall be provided by the recorder or Registrar of Deeds for the recordation of a monument record by Illinois Registered Land Surveyors for public land survey corners, as defined by the Manual of Instructions for the Survey of the Public Lands of the United States and accessories to such corner which are found, set, reset or used as a control in any survey by such land surveyor.

The monument records shall be recorded with the recorder or Registrar of Titles and be securely fastened into the entry book as provided for that purpose. The monument records shall be indexed by Section, Township and Range so as to be easily retrievable.

(Source: P.A. 83-358.)

 

(765 ILCS 220/5) (from Ch. 133, par. 60-5)

Sec. 5. The charge for indexing and recording the monument record shall be the same as for the recording of a miscellaneous document.

(Source: P.A. 79-649.)

 

(765 ILCS 220/6) (from Ch. 133, par. 60-6)

Sec. 6. It shall be the duty of the examining committee to prescribe the form in which such monument record shall be presented and recorded, and time limits within which the form shall be recorded.

(Source: P.A. 79-649.)

 

(765 ILCS 220/7) (from Ch. 133, par. 60-7)

Sec. 7. It shall be the duty of any land surveyor who conducts a survey which uses as a control corner any public land survey monument, to record with the recorder or Registrar of Titles in the county in which the survey was conducted, a written monument record describing such monument, or position thereof, and its accessories. Such a surveyor shall also record a monument record whenever he establishes, re-establishes, restores or rehabilitates any public land survey monument. Each monument record shall describe at least three accessories or reference points.

(Source: P.A. 83-358.)

 

(765 ILCS 220/8) (from Ch. 133, par. 60-8)

Sec. 8. No monument record shall be recorded unless the same is signed by an Illinois Registered Land Surveyor and impressed with his seal. In case of an agency of the United States government, the record may be signed by the Chief of the survey party making the survey, setting forth his official title.

(Source: P.A. 79-649.)

 

(765 ILCS 220/9) (from Ch. 133, par. 60-9)

Sec. 9. When a monument record is recorded pursuant to this Act, it shall be the duty of the land surveyor to reconstruct or rehabilitate the corner monument and accessories to such corner and, if practicable, affix securely to the top of such monument established after the effective date of this Act the Illinois registration number of the land surveyor responsible for the establishment of such monument or position thereof and the same shall be left by him in such physical condition that it remains as permanent a monument as is reasonably possible and so that same may be reasonably expected to be located with facility at all times in the future.

(Source: P.A. 79-649.)

 

(765 ILCS 220/10) (from Ch. 133, par. 60-10)

Sec. 10. No monument record need be recorded when a monument record exists and the monument is found as described in the existing record.

(Source: P.A. 79-649.)

 

(765 ILCS 220/11) (from Ch. 133, par. 60-11)

Sec. 11. Any land surveyor, or any person, including the responsible official of any agency of state, county, or local government who shall willfully and knowingly violate any of the provisions of this Article shall be guilty of a Class "A" misdemeanor. It shall be the responsibility of all State's Attorneys of this State in all cases of suspected willful and knowing violation of any of the provisions of this Act to prosecute the person or persons committing such violation.

(Source: P.A. 81-1509.)


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