Senate Judiciary Committee Amendment
H 3748 - Session 125 (2023-2024)
Geodetic control monuments

The Committee on Judiciary proposes the following amendment (SJ-3748.PB0005S):

Amend the bill, as and if amended, SECTION 1, by striking Section 16-11-680(A)(1) and inserting:

  (1) "Geodetic control monuments" means those land surveying monuments which are established by federal, state, and local governments, and private entities, the position of which monuments on the earth's surface has been fixed by high-order surveying and computation for use by the land surveyors. Such monuments may be in the form of, but are not limited to, metal, disks set in concrete, rock, or some other fixed permanent object, the horizontal and vertical positions of which have been published by the agency which established the monument and made available to the public as well as to land surveyors and engineers for public use.

Amend the bill further, SECTION 1, by striking Section 16-11-680(A)(2)(e) and inserting:

   (e) and such other monuments as may be described in plats, instruments of record, and federal, state, and local law.

Amend the bill further, SECTION 1, by striking Section 16-11-680(B)(1) and inserting:

 (B)(1) If anyIt is unlawful for a person shall to knowingly, wilfully, maliciously or fraudulentlywith wilful, malicious, or fraudulent intent, move cut, fell, alter, destroy, or remove any certain boundary tree or other allowed landmarkgeodetic control monuments or property corner monuments,. Proof that a geodetic control device or property corner monument was unintentionally removed, altered, destroyed, or otherwise tampered with is prima facie evidence of non-criminal intent of the acting party. A such person so offending shall be who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, shall be fined not exceedingless than one hundred dollars nor more than five hundred dollars, or imprisoned not exceedingmore than thirty days.