17-50-105 - Disputed boundaries.
17-50-105. Disputed boundaries.
(1) As used in this section, "independent surveyor" means the surveyor whose position isestablished within the Automated Geographic Reference Center under Subsection 63F-1-506(3).
(2) (a) If a dispute or uncertainty arises as to the true location of a county boundary asdescribed in the official records maintained by the office of the lieutenant governor, the surveyorsof each county whose boundary is the subject of the dispute or uncertainty may determine thetrue location.
(b) If agreement is reached under Subsection (2)(a), the county surveyors shall providenotice, accompanied by a map, to the lieutenant governor showing the true location of the countyboundary.
(3) (a) If the county surveyors fail to agree on or otherwise fail to establish the truelocation of the county boundary, the county executive of either or both of the affected countiesshall engage the services of the independent surveyor.
(b) After being engaged under Subsection (3)(a), the independent surveyor shall notifythe surveyor of each county whose boundary is the subject of the dispute or uncertainty of theprocedure the independent surveyor will use to determine the true location of the boundary.
(c) With the assistance of each surveyor who chooses to participate, the independentsurveyor shall determine permanently the true location of the boundary by marking surveys anderecting suitable monuments to designate the boundary.
(d) Each boundary established under this Subsection (3) shall be considered permanentuntil superseded by legislative enactment.
(e) The independent surveyor shall provide notice, accompanied by a map, to thelieutenant governor showing the true location of the county boundary.
(4) Nothing in this section may be construed to give the county surveyors or independentsurveyor any authority other than to erect suitable monuments to designate county boundaries asthey are described in the official records maintained by the office of the lieutenant governor.
Amended by Chapter 350, 2009 General Session