Pub. 13 2018 Issue 1

www.ucls.org 6 Issue 1 2018 / UCLS Foresights BY STEVE KEISEL B lack’s Lawdictionary defines amonument as “anything by which the memory of a person, thing, idea, art, science, or event is preserved or perpetuated. In the interpretation of the intent of a description in a deed; and all monuments called for by the writings are given preference over conflicting calls of distance, directions, or area.” Surveyors know, or should know, the value of survey monuments. Their very existence, or non-existence, has a di - rect relationship to what they do, when they do it, how they do it, and resulting compensation for doing what they do. The preservation and perpetuation of monuments provide the land surveyor with undisputable evidence of their work. Therefore, if the survey monument is so important to survey - ors – why do surveyors allow them to be removed? Utah Code 17-23-15 stipulates that a person may not willfully or negligently remove, destroy, or deface any gov - ernment survey monument, or witness corner. Any person who violates this section is guilty of an infraction and is re - sponsible for the cost of any necessary legal action and the cost of reestablishing the survey monument, corner, or wit - ness corner. Furthermore, 17-23-17.5 defines a corner, and an accessory to a corner, as any exclusively identifiable physical object whose spatial relationship to the corner is recorded; including a property corner, a property-controlling corner, or a public land survey corner. Most surveyors have a love-hate relationship with survey monuments. They fondly remember that quarter corner which overlooked a beautiful meadow; or that &&%#^ witness corner that required a six mile hike to find. One of the most exhilarating joys of surveying is recovering a long lost section corner. Likewise, not finding a needed monument is one of the more discouraging moments. Based on my experience, monuments are typically removed or destroyed in one of several ways: 1. Site Development: This is the conversion of undeveloped land (vacant land, open space, or agricultural land) into residential, commercial or industrial use. Most frequently, the monuments are removed when site improvements are constructed. This includes walls, fences, and sidewalks along parcel boundaries. It can also include the installation of new underground utilities serving the parcel. 2. Site Redevelopment: This occurs when land is redeveloped for more intense use or reconfigured use. An example would be the removal of old single family homes to allow for the construction of high-density residential structures. The destruction of monuments during redevelopment is similar to that with new site development, with the added risk that monuments are destroyed during site demolition. 3. Infrastructure Projects: This includes roads, bridges, railroads, canals, pipelines, and levees. The construction of the physical features of these infrastructure projects often obliterate monuments, like a tornado clearing a swath of land. The destruction of centerline monuments for the placement of a sewer trunk line or installation of a water main is an example. 4. Maintenance of Right-of-Way and Infrastructure: Maintenance and improvements of roads and streets A Monument by Any Other Name Is Still a Monument