Surveyors Liability. Can I be Sued and can I sue? The Strength Behind Our Clients. Michigan Society of Professional Surveyors

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1 The Strength Behind Our Clients Surveyors Liability Can I be Sued and can I sue? Michigan Society of Professional Surveyors By: Michelle R. E. Donovan Plunkett Cooney Attorneys & Counselors at Law Woodward Ave., Suite 2000 Bloomfield Hills, MI Direct Dial: (248) mdonovan@plunkettcooney.com

2 Surveyor Liability Surveyor Liability Table of Contents PowerPoint Presentation Tab 1 Chapter 54, Surveyors Revised Statutes of 1846 Tab 2 Occupational Code (Excerpt) Act 299 of 1980 Tab 3 Introduction to Plunkett Cooney Tab 4 Copyright 2015, Plunkett Cooney Visit our website at

3 Surveyor Liability Tab 1 PowerPoint Presentation Copyright 2015, Plunkett Cooney Visit our website at

4 Surveyor s Liability Can I be sued and Can I sue? Presented by Michelle R.E. Donovan Welcome! Michelle R.E. Donovan mdonovan@plunkettcooney.com Direct: (248)

5 Surveyor Defined Professional Surveyor means a person who, by reason of knowledge of law, mathematics, physical sciences, and techniques of measuring acquired by professional education and practical experience, is qualified to engage in the practice of profession surveying. MCL (j) (Michigan Compiled Laws, Chapter and Section) The Practice of Professional Surveying Practice of professional surveying is defined by MCL (f). Surveying means providing professional services such as consultation, investigation, testimony, evaluation, planning, mapping, assembling, and interpreting reliable scientific measurements and information relative to the location, size, shape, or physical features of the earth, and the utilization and development of these facts and interpretations into an orderly survey map, plan, report, description, or project. 2

6 Licensing Requirement The Department currently oversees the practice of approximately 20,274 licensed professional engineers. Professional Surveyor Examination Requirements MCL (3). Applicant shall provide an affidavit stating that a degree acceptable to the board shall be completed not later than six months after the date of the examination. Applicant shall provide all of the following: Application of experience Evidence of completion of degree Five or more references required Continued 3

7 Professional Surveyor Examination Requirements Examination required by this Article shall be given at least once a year. Examinee shall be notified in writing of the examinee s results on each part of the examination. Individual with a mental or physical disability may be tested using special equipment, facilities or assistance. Licensure requirements shall be completed within ten years after the receipt of the application by the department. Board Composition Five professional surveyors One professional engineer who is a member of the Board of Professional Engineers One architect who is a member of the Board of Architects Board member terms 4

8 Board Composition (7) Of the initial members of the Board of Professional Surveyors, the terms of 3 of the members, including 2 of the members who are licensed professional surveyors and one of the members representing the general public, shall be four years; the term of one of the members who is a licensed professional surveyor shall be three years; the term of one of the members who is a licensed professional surveyor shall be two years; and the terms of two of the members including one of the members who is a licensed professional Continued Board Composition Surveyor and one of the members of a general public, shall be one year. The term of the member who is a licensed professional engineer shall coincide with that member s term on the Board of Professional Engineers. The term of the member who is a licensed architect shall coincide with that member s term on the Board of Architects. 5

9 Board Composition (8) A licensee who serves on more than one board created under this article, and who resigns, is disabled or is removed for cause by the governor from the board under which he or she is licensed, shall no longer represent that board or any other board created under this Article. After License is Complete Seal Away! MCL Obtain appropriate seal A plan, specification, plat or report issued by license shall include seal. A document shall not be sealed after the license of the licensee named on the document has expired or is suspended or revoked unless the license is renewed, reinstated or reissued. Electronic seals 6

10 Certificate of Surveyor CERTIFICATE OF SURVEYOR Filing requirement of Act No. 132 of the Public Acts of 1970 as amended I HEREBY STATE THAT I HAVE SURVEYED AND MAPPED THE LAND ABOVE PLATTED AND/OR DESCRIBED ON, 20, THAT ALL OF THE REQUIREMENTS OF PA 132, 1970 HAVE BEEN MET. Signature Licensed Professional Surveyor No. Certificate of Surveyor Exemption from seal MCL Persons exempted Unauthorized practice of surveying MCL prohibited conduct; penalties Regulation of professional surveying firms MCL

11 Surveyor s Creed & Canons As a professional surveyor, I dedicate my professional knowledge and skills to the advancement and betterment of human welfare. I pledge: To give the utmost of performance; To participate in none but honest enterprise; Continued Surveyor s Creed & Canons To live and work according to the laws of humankind and the highest standards of professional conduct. To place service before profit, honor and standing of the profession before personal advantage, and the public welfare above all other considerations. 8

12 Surveyor s Creed & Canons Canon 1. A Professional Surveyor should refrain from conduct that is detrimental to the public. Canon 2. A Professional Surveyor should abide by the rules and regulations pertaining to the practice of surveying within the licensing jurisdiction. Canon 3. A Professional Surveyor should accept assignments only in one s area of professional competence and expertise. Canon 4. A Professional Surveyor should develop and communicate a professional analysis and opinion without bias or personal interest. Continued Surveyor s Creed & Canons Canon 5. A Professional Surveyor should maintain the confidential nature of the surveyor client relationship. Canon 6. A Professional Surveyor should use care to avoid advertising or solicitation that is misleading or otherwise contrary to the public interest. Canon 7. A Professional Surveyor should maintain professional integrity when dealing with members of other professions. 9

13 Be Careful Where You Walk? 10

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15 Am I Liable for any Damages? Sec. 1. As used in this Act, surveyor means any of the following: a) Surveyor employed by federal or state government b) Land surveyor registered in this state. c) Person under direct supervision another who is a surveyor under subdivision (a) or (b), and carrying on his person sufficient identification as to employer. Other states have a notice requirement where surveyors must provide notice to owner occupant of intended entry for purpose of surveying property. Clearly Marked & Identifiable Vehicle MCL Right of entry; identification of vehicle Section 2. Surveyor may enter upon public or private land or waters in this state, except buildings, for purpose of making a survey. Vehicle used for or during entry pursuant to this Section shall be identified on exterior by proper and ethical sign listing name, address, and telephone number of surveyor or firm. No case law for unlawful entry 12

16 What Liability do I Have? MCL Liability. Sec. 3. Surveyor making entry pursuant to Section 2 (MCL ) shall be liable only for actual damage to crops or other property, or for actual damage due to negligence of a surveyor during entry. Note: this statute effective May 14, Actual damage must be proven by actual loss that plaintiff may claim to crops or other property. In addition surveyor may be liable for actual damage due to negligence during entry of adjoining property. Surveyor Liability A surveyor s liability for a mistake or a misrepresentation in a survey depends on the particular circumstances involved: Relationship Nature of claim Application of statute of limitations or repose Extent of error Other factors 13

17 Negligence In order to prove a negligence claim, the plaintiff must show the following: A duty of care A causal connection Prove that there were damages Negligence Per Se Plaintiff must satisfy four requirements: Statute of regulation Within the class of persons Regulation is designed to prevent Proximate cause of the injury 14

18 Negligent Misrepresentation Elements must be proven by the plaintiff: Justifiably relied on surveyor s negligent misrepresentation Surveyor could have foreseen that reliance. Fraudulent Misrepresentation Plaintiff must prove that: Surveyor willfully or recklessly made a false representation Plaintiff relied upon false representation Plaintiff suffered injury as a proximate cause of the false representation 15

19 Breach of Contract Surveyor performed all of the services requested by the plaintiff in the contract. Statute of Limitations What is the difference between a limitations period and a repose period, and when does each commence? 16

20 Statute of Limitations Limitations period starts running at time claim accrues. In damage to person or property cases, claim accrues at time that the wrong upon which the claim is based was done, regardless of the time when the damage results. Stated differently, claims begin accruing on day event (i.e., injury) triggering liability is discovered (or should have been discovered). Statute of Limitations Statute of repose begins to run based upon a specified event. In construction cases, the specified event is the date of occupancy, use or acceptance of the improvement to real property, as provided in MCL

21 Statute of Limitations Following passage in both houses of the Michigan Legislature, Senate Bill No. 77 was signed into law by Governor Rick Snyder on Oct. 4, Legislation restores applicable limitations periods against design professionals and contractors to two years and three years, respectively. Legislation overrules Michigan Supreme Court decision in Ostroth v Warren Regency, 474 Mich 33 (2006). Statute of Limitations Ostroth abrogated decades of law and ignored long established rules relative to the statute of limitations and the statute of repose periods for design professionals and contractors. Ruling also segregated construction industry from general limitations law, and in fact, lengthened all applicable limitations periods specific to the state s design and construction industry. 18

22 Statute of Limitations Ostroth stood for proposition that Michigan Compiled Law (MCL) acted not only as a statute of repose (its intended purpose) but also as a statute of limitations against design professionals and contractors. This, in turn, lengthened the applicable limitations period from two years for design professionals and three years for contractors to six years for both. Statute of Limitations Michigan Supreme Court s ruling in Ostroth eliminated rule that statute of limitations period began to run when a claim accrues. Instead, Supreme Court ruled that all actions, whether brought against design professionals or contractors, commenced upon the time of occupancy of the completed improvement, use or acceptance of the improvement to real property (as written in the MCL originally intended as a statute of repose). 19

23 Statute of Limitations Senate Bill No. 77 effectively returns limitations periods to those called for in MCL , which is Michigan s statute pertaining to injuries to persons or property. Specifically, subsection (14) has been changed to clarify period of limitations for an action against a state licensed architect, professional engineer, land surveyor or contractor based on an improvement to real property. Statute of Limitations Effective Jan. 1, 2012, actions against state licensed architects, professional engineers or licensed professional surveyors arising from professional services rendered is an action charging malpractice subject to the period of limitation contained in MCL subsection (6). Subsection (6) states the period of limitations is two years for actions charging malpractice. Therefore, actions against state licensed architects, professional engineers or licensed surveyors must be brought within two years of the accrual of the action. 20

24 Statute of Limitations Now that statute of limitations has been returned to two years for design professionals and three years for contractors, statute of repose for design professionals and contractors shall hold steadfast at six years. With exception of gross negligence, all actions against design professionals and/or contractors are barred unless that action is brought within six years of the time of occupancy of the completed improvement or use or acceptance of the improvement to the real property. Types of Claims Inaccurate determination of a boundary line Errors concerning the existence, size, or location of easements Mistakes as to the quantity of land Errors involving certain physical features of the property surveyed 21

25 Negligence Damages Plaintiff bears burden of proving applicable standard of care. The standard of care has been breached. Show a causal relationship between breach and injury allegedly sustained. Standard of Care Standard of care and skill required under the circumstances is ordinarily a question of fact for the jury to decide. 22

26 General Rule The footsteps of the original surveyor should be followed, and it is immaterial if the original survey lines were done incorrectly. Wohl v City of Missoula, 203 MT 46, 369 Mont 108, 300p3d, 1119 (2013). Can I sue for damages that I sustained in the course of surveying? Damages Sustained During Course of Surveying? MCL Forfeiture of claim for damage or injury. Sec. 4. Surveyor by his entry shall forfeit any and all claims for damage or injury to his person and equipment while on the lands or waters, unless damage or injuries caused by intentional tortious conduct of another. 23

27 Practical Tips to Avoid Liability Proof of Licensesure MCL Maintenance of Court Action; allegation and proof of licensure; failure to make restitution. Case Studies 24

28 Hanneman v Downer, 110 Nev 167, 871 P2d 279 (1994). Surveyor surveyed a parcel of property indicating that it was 5.8 acres. The property was actually only 1.5 acres in size. The surveyor found and rejected the monuments, accessories and corners because they did not comport with the field notes of the original survey. The surveyor relied exclusively on the calls and distances in the field notes and upon plats in determining the northern boundary of the property. Five years after the plaintiffs purchased the property, subsequent surveys revealed that four of the acres were owned by the Federal Government. Continued Hanneman v Downer, 110 Nev 167, 871 P2d 279 (1994). Did this surveyor fail to meet the requisite standard of care by relying on the calls and distances in the field notes? 25

29 Answer The experts testified that the proper standard of care required that the surveyor established the four corners identifying the location of the original survey s monuments failed to meet the requisite standard of care in relying in the calls and distances. Instead, the field notes were relied upon. As such, the surveyor was liable to subsequent purchasers for damages of his breach of duty of due care. Lindey s Inc. v Goodover, 264 MONT 449, 872 P2d 764 (1994). Landowner sued neighbor s surveyor to correct an alleged erroneous boundary line between the two properties. Plaintiff argued that the surveyor had an on going duty to change a survey if there was an error and further that the surveyor owed a duty to anyone that his survey affected. Did the surveyor owe a duty to the neighbor? 26

30 Answer Common law negligence was not established. This case is distinguishable as the plaintiff was not in privity of contract as the previous case. The court ruled that if there is no duty there can be no tort of negligence. Surveyor won as the landowner could not establish a valid claim of negligence because he owed no legal duty to the landowner. Plaintiff landowner was not the client of the surveyor. He was the adjacent landowner No duty owed to adjacent landowner to correct survey. Surveyor s duty of care only extends to parties in contractual privity with surveyor. Rabev v Crnaby, 120 NH 809, d 610 (1980) The surveyor was sued for negligence and professional malpractice where he relied on an engineering study for the location of a water main which was inaccurate. Did the surveyor breach professional standards in relying on a plan prepared by the engineering company for the municipality? 27

31 Answer Common law negligence not established. No breach of professional standards in relying on the engineering plan. Walker Rogge, Inc. v Chelsea Title & Guarco, 116 NW 517, 562 A2d 208 (1989) Purchasers sued for a negligence claim against the surveyors due to the fact that the survey was inaccurate and overstated the size of the parcel by approximately 50 percent. The plaintiff did not produce any expert testimony to establish the appropriate standard of care. The property was difficult to survey because of the absence of any physical monuments to establish the rear boundary line. Continued 28

32 Walker Rogge, Inc. v Chelsea Title & Guarco, 116 NW 517, 562 A2d 208 (1989) Plaintiff filed a negligence action against defendant s engineering firm that was hired to complete a survey in which the plaintiffs plan to develop a residential subdivision. The plaintiffs wanted to develop a 35 acre portion of their farm as a subdivision and used a local tax map to prepare a preliminary sketch of the layout of 15 subdivision lots. Plaintiff hired the engineering firm to do the surveying and engineering work for the subdivision. Continued Walker Rogge, Inc. v Chelsea Title & Guarco, 116 NW 517, 562 A2d 208 (1989) The plaintiffs gave the preliminary sketch to the defendants and defendants knew that the preliminary sketch was based upon a local tax map and tax maps were not intended to be used in establishing boundaries on a survey. The firm never surveyed the southern boundary of the subdivision to determine if the sketch accurately depicted the location of the boundary. The tax map and sketch inaccurately depicted the southern boundary and off by a few hundred feet to the north of the actual boundary. 29

33 Walker Rogge, Inc. v Chelsea Title & Guarco, 116 NW 517, 562 A2d 208 (1989) Did the court find that the surveyor exercised reasonable care? Answer The court concluded that the trial court acted properly in requiring expert testimony to establish negligence. 30

34 Questions/Answers Thank You! Michelle R.E. Donovan Direct: 9248)

35 Surveyor Liability Tab 2 Chapter 54, Surveyors Revised Statutes of 1846 Copyright 2015, Plunkett Cooney Visit our website at

36 CHAPTER 54. SURVEYORS REVISED STATUTES OF 1846 CHAPTER 14 Chapter 14. Of County Officers. COUNTY SURVEYORS County surveyor; abolition of office; reestablishment of office; eligibility for election or appointment; bond. Sec. 95. (1) The county board of commissioners, by resolution, may abolish the office of county surveyor. Action to abolish the office shall be taken before May 15 of the year in which county officers are elected. The term of office of a county surveyor shall not be shortened by that action. The office may be reestablished in the same manner and subject to the same time limitations as is provided for the abolition of the office. If reestablished, the effective date of the reestablishment shall be January 1 of the year in which county officers assume office. A person shall not be eligible to be elected or appointed to the office of county surveyor unless licensed as a land surveyor in accordance with the occupational code, Act No. 299 of the Public Acts of 1980, being sections to of the Michigan Compiled Laws. (2) As determined by the county board of commissioners, the county surveyor either shall be covered by a blanket bond or shall give a bond to the people of this state, in the penal sum of $2,000.00, with 2 sureties to be approved by the county treasurer, conditioned for faithful and impartial discharge of the duties of office. History: R.S. 1846, Ch. 14; CL 1857, 443; CL 1871, 585; How. 614; CL 1897, 2617; Am. 1915, Act 229, Eff. Aug. 24, 1915; CL 1915, 2479; CL 1929, 1391; CL 1948, 54.95; Am. 1964, Act 255, Imd. Eff. May 28, 1964; Am. 1978, Act 635, Imd. Eff. Jan. 8, 1979; Am. 1988, Act 25, Eff. Jan. 1, Compiler's note: This section as originally enacted was numbered section County surveyor; deputies, appointment, revocation; oath of office. Sec. 96. Each county surveyor may appoint 1 or more deputies, and may revoke such appointment at pleasure; which appointment and revocation shall be in writing, under his hand, and filed with the county clerk, and such deputies shall take the constitutional oath of office; and for the faithful performance of the duties of their office by such deputies, the said surveyor and his sureties shall be responsible. History: R.S. 1846, Ch. 14; CL 1857, 444; CL 1871, 586; How. 615; CL 1897, 2618; CL 1915, 2480; CL 1929, 1392; CL 1948, Compiler's note: This section as originally enacted was numbered section County surveyor; certificates as evidence. Sec. 97. The certificate of the surveyor or his deputy, of any survey made by him of any lands in the county, shall be presumptive evidence of the facts therein contained, unless such surveyor or deputy shall be interested therein. History: R.S. 1846, Ch. 14; CL 1857, 445; CL 1871, 587; How. 616; CL 1897, 2619; CL 1915, 2481; CL 1929, 1393; CL 1948, Compiler's note: This section as originally enacted was numbered section County surveyor; requested surveys. Sec. 98. The county surveyor, in person or by deputy, shall make and execute such surveys within his county, as may be required of him by order of any court, or by application of any person therefor. History: R.S. 1846, Ch. 14; CL 1857, 446; CL 1871, 588; How. 617; CL 1897, 2620; CL 1915, 2482; CL 1929, 1394; CL 1948, Compiler's note: This section as originally enacted was numbered section Interest disqualification; surveys by surveyor of adjoining county. Sec. 99. Whenever a survey may be required of any land, in which the county surveyor or either of his deputies shall be interested, or when from any cause there shall be no surveyor or deputy surveyor of the county to be found or able to act, such survey may be made by the surveyor of an adjoining county or either of his deputies in like manner, and to the same effect as if such survey had been made by the surveyor of the county where the land is situated. History: R.S. 1846, Ch. 14; CL 1857, 447; CL 1871, 589; How. 618; CL 1897, 2621; CL 1915, 2483; CL 1929, 1395; CL 1948, Rendered Wednesday, February 4, 2015 Page 1 Michigan Compiled Laws Complete Through PA 492 of 2014 Legislative Council, State of Michigan Courtesy of

37 Compiler's note: This section as originally enacted was numbered section County surveyor; record book, contents, certification; field notes, preservation, index, certificate; deposit, fireproof vault, location; public inspection; bookkeeping requirement. Sec Each county surveyor shall record in a suitable book, to be provided by him at the expense of the county, all surveys for permanent purposes made by him and his deputies, also surveys for township highways and village plats. The record of each survey shall set forth the evidence by which the surveyor determined or identified the corners or other starting points of his survey, describing the points fully, and also setting forth whatever means were taken by him to perpetuate them upon the ground or to assist in determining and preserving their location. The record shall show the object of the survey and the methods pursued by the surveyor in making it, diagrams of plats being used to illustrate the same when necessary or convenient to do so. Upon the diagrams shall be shown the courses and distances of such boundary lines as may have been located by the survey, and such other facts as may have been determined by it. Such diagrams shall be considered a part of the record. When the courses of the lines are given by the magnetic needle, the record shall show the amount and direction of the allowance made by the surveyor for the difference between the magnetic meridian and the true meridian. The record shall show the date of the survey, the name of the person or persons for whom it was made, and the persons employed as chainmen on the survey. The surveyor shall certify upon the record that he has carefully compared the record with the original field notes taken by him at the time of the survey, and that it is a true statement of the facts of such survey, as shown by said original notes. Each county surveyor and his deputies shall keep the original field notes of all surveys made by them for permanent purposes, in books of convenient size and well bound in leather, to be furnished by the county surveyor, at the expense of the county. These notes shall be taken and set down in the manner in which field notes of the United States surveys are kept, and shall contain all the details of each survey, in the order in which the survey was made, including in full all calculations made by the surveyor to determine areas, or for measuring inaccessible distances, such as lake and river crossings, or for any other purpose required by the survey. Diagrams may be used for purposes of illustration, but shall not be used instead of the written notes required to be kept. Each field book shall contain an index referring to the surveys of which it contains the field notes. It shall also contain the certificate of the surveyor who made the surveys, that the field notes therein contained are the complete original field notes of the surveys within referred to and described. These original field notes shall be a part of the record required to be kept by the county surveyor, and the books containing them shall be deposited and kept with the other surveyor's records of the county. Each deputy county surveyor, whenever 1 of these books shall be filed with field notes by him, shall deposit the same in the office of the county surveyor, and whenever his own term of office expires, shall turn over to the county surveyor such books as have been partly filled by him. The county surveyor shall keep the field notes and other county surveyor's records in a fireproof vault, in an office at the county seat, to be designated by the board of supervisors as a depository for the same, excepting that this shall not apply to the field books which are required to be used in the field by the surveyor in making his surveys, during the time when such books are thus being used. The field notes and records required by this act shall be accessible to the public at any time, subject to such regulations as may be provided by the board of supervisors. The county surveyor and his deputies shall keep the records of their surveys required by this act written up in full for each month within 7 days after the close of the month. History: R.S. 1846, Ch. 14; CL 1857, 448; Am. 1861, Act 260, Eff. June 15, 1861; Am. 1869, Act 140, Eff. July 5, 1869; CL 1871, 590; Am. 1881, Act 103, Imd. Eff. Apr. 22, 1881; How. 619; Am. 1889, Act 100, Eff. Oct. 2, 1889; CL 1897, 2622; Am. 1905, Act 79, Eff. Sept. 16, 1905; CL 1915, 2484; CL 1929, 1396; CL 1948, Compiler's note: Act 79 of 1905 contained a section 2, which repealed Act 195 of County surveyor; delivery of records to successor, neglect, penalty. Sec When the term of office of any county surveyor shall expire, or he shall resign or be removed, he shall deliver over all the books and papers relating to his office, to his successor therein, and any county surveyor who, on the expiration of his term of office, or on his resignation or removal, shall neglect for the space of 1 month after his successor shall be elected or appointed and qualified, to deliver such books and papers as aforesaid, and any executor or administrator of any deceased county surveyor, who shall neglect for the space of 1 month to deliver to such successor all such books and papers which shall come to his hands, shall forfeit and pay a sum not less than 10 nor more than 50 dollars, and a similar sum for every month thereafter during which he shall so neglect to deliver the same as aforesaid. History: R.S. 1846, Ch. 14; CL 1857, 449; CL 1871, 591; How. 620; CL 1897, 2623; CL 1915, 2485; CL 1929, 1397; CL 1948, Rendered Wednesday, February 4, 2015 Page 2 Michigan Compiled Laws Complete Through PA 492 of 2014 Legislative Council, State of Michigan Courtesy of

38 Compiler's note: This section as originally enacted was numbered section 102. Former law: See section 1 of Act 54 of County surveyor; contract for copies of original federal surveys, payment, binding; records of former surveyors, payment; admissible as evidence. Sec The county surveyor shall contract with the commissioner of the state land office, or with any person having possession of the same, for certified copies of the field notes and plats of the original surveys by the United States, of the lands of his county, and if such contract be approved by the board of supervisors of his county, the county surveyor shall, upon receiving such copies, direct the county clerk to draw an order upon the treasurer of his county for the amount so agreed upon, and transmit it to the said commissioner, or other person to whom it may be due, and shall have said plats and field notes substantially bound in book form, which shall be kept open in the said county surveyor's office for the benefit of the public; and all records of surveys, field notes and calculations made by any former county surveyor since the organization of the state government, and now in the hands of such former county surveyor, or of any other person, shall, on demand of the county surveyor of the proper county, be immediately delivered to him as a part of the records and files of his office, and the boards of supervisors of the several counties shall respectively audit and allow to the persons entitled thereto, such sum as they shall deem a reasonable compensation for the expense of the books containing such records. All such records of surveys, field notes, and calculations made by any former county surveyor, which have been or shall have been on file in the office of either the county surveyor, register of deeds or county clerk for a period of 15 years or upward, even though such records or the certification thereof shall not conform to the requirements specified in section 100 of this act, shall be admissible in evidence of the facts they contain in any court of record in this state. History: R.S. 1846, Ch. 14; CL 1857, 450; Am. 1869, Act 140, Eff. July 5, 1869; CL 1871, 592; How. 621; CL 1897, 2624; Am. 1915, Act 196, Eff. Aug. 24, 1915; CL 1915, 2486; CL 1929, 1398; CL 1948, Compiler's note: The office of commissioner of the state land office, referred to in this section, was abolished and the powers and duties thereof transferred to the public domain commission by MCL The public domain commission was subsequently abolished and the powers and duties thereof transferred to the department of conservation by MCL The department of conservation was subsequently transferred to the department of natural resources by MCL This section as originally enacted was numbered section Survey principles. Sec All surveys made by county surveyors in this state, must be made in accordance with the following principles, when applicable: First, All corners that can be identified by the original field notes, or other unquestionable testimony, shall be regarded as the original corners, and must not be changed while they can be thus identified; Second, Extinct interior-section corners must be re-established, at proportional distances as recorded in the original field notes from the nearest known point in the original section line, east and west, north and south from such extinctsection corner; Third, Any extinct quartersection corner, except on fractional section lines, must be re-established equidistant and in a right line between the section corners; in all other cases, at proportional distances between the nearest known points in the original line; Fourth, Central quarter corners of whole sections, and of fractional sections adjoining the north and west boundary of townships, must be established at the intersection of 2 right lines connecting their opposite quarter section corners respectively. It shall be the duty of county surveyors to perpetuate the original corners they may work from, by noting new bearing trees where timber is near. They shall also perpetuate the principal corners made by themselves in the same manner. History: R.S. 1846, Ch. 14; CL 1857, 451; Am. 1865, Act 223, Eff. June 22, 1865; Am. 1869, Act 140, Eff. July 5, 1869; CL 1871, 593; Am. 1881, Act 103, Imd. Eff. Apr. 22, 1881; How. 622; CL 1897, 2625; CL 1915, 2487; CL 1929, 1399; CL 1948, Compiler's note: This section as originally enacted was numbered section Residents' corners and lines; re-location, perpetuation, survey; expenses, allocation; refusal to pay, lien. Sec Whenever the majority of the resident owners of any section or part or parts of any section of land in this state, after having given at least 10 days' notice to all other persons or their agents owning land in the same section, or part or parts of the section, as the case may be, who reside in the township, shall desire to have their corners and lines, or any of them established, re-located or perpetuated, such surveyor shall proceed to make the required surveys and the expense thereof shall be borne by all the persons benefited in proportion to the amount of work done for each, to be determined by the surveyor, and if any person thus benefited, Rendered Wednesday, February 4, 2015 Page 3 Michigan Compiled Laws Complete Through PA 492 of 2014 Legislative Council, State of Michigan Courtesy of

39 whether a non-resident or otherwise, shall refuse or neglect to pay his share of such expense, such surveyor shall certify the same and to whom due, to the supervisor of the proper township, who shall assess it upon the land of such person to be collected and paid to the county treasurer in the same manner as state and county taxes; and paid by the said county treasurer on the order of the county surveyor. History: R.S. 1846, Ch. 14; CL 1857, 453; Am. 1869, Act 140, Eff. July 5, 1869; CL 1871, 595; How. 624; Am. 1895, Act 240, Eff. Aug. 30, 1895; CL 1897, 2627; CL 1915, 2488; CL 1929, 1400; CL 1948, a Residents' corners and lines; re-location, perpetuation, survey requested; refusal to pay surveyor's charges, assessment. Sec. 105a. If any person, after having requested the county surveyor to establish, relocate or perpetuate the corners and lines of land owned by such person, shall refuse or neglect to pay for such services after due performance thereof, such surveyor shall certify the lawful charges for the same and to whom due to the supervisor of the proper township, who shall assess it upon the land so surveyed, to be collected and paid to the county treasurer in the same manner as state and county taxes, and paid by the said county treasurer on the order of the county surveyor. History: Add. 1899, Act 248, Eff. Sept. 23, 1899; CL 1915, 2489; CL 1929, 1401; CL 1948, a County surveyor and deputy; compensation; determination; expenses and fees; liability for trespass. Sec (1) Each county surveyor and each deputy of the county surveyor shall be entitled to receive for his or her services, a compensation of not more than $8.00 per day, or the salary as the county board of commissioners fixes, including the time of traveling to and from the place of making the survey, together with all necessary expenses incurred in the discharge of official duties, and 50 cents for recording each description, and 50 cents for each certificate or copy of a certificate, to be paid by the person for whom the services are rendered. The county surveyor or a deputy shall not be liable to prosecution in an action of trespass for entering upon land in the discharge of an official duty. (2) Notwithstanding subsection (1), for a county which has a county officers compensation commission, the compensation of the county surveyor of that county shall be determined by that commission. History: R.S. 1846, Ch. 14; CL 1857, 454; Am. 1861, Act 260, Eff. June 15, 1861; Am. 1867, Act 108, Imd. Eff. Mar. 26, 1867 ; Am. 1869, Act 140, Eff. July 5, 1869; CL 1871, 596; How. 625; CL 1897, 2628; Am. 1915, Act 229, Eff. Aug. 24, 1915; CL 1915, 2490; CL 1929, 1402; Am. 1939, Act 119, Eff. Sept. 29, 1939; CL 1948, ; Am. 1978, Act 489, Imd. Eff. Dec. 1, Rendered Wednesday, February 4, 2015 Page 4 Michigan Compiled Laws Complete Through PA 492 of 2014 Legislative Council, State of Michigan Courtesy of

40 RIGHT OF ENTRY BY SURVEYORS Act 115 of 1976 AN ACT to provide surveyors with a right of entry and to limit liability. History: 1976, Act 115, Imd. Eff. May 14, The People of the State of Michigan enact: Surveyor defined. Sec. 1. As used in this act, surveyor means any of the following: (a) A surveyor employed by the government of the United States of America or this state. (b) A person who is a land surveyor registered in this state. (c) A person who is under the direct supervision of a person who is a surveyor under subdivision (a) or (b), and carrying on his person sufficient identification as to employer. History: 1976, Act 115, Imd. Eff. May 14, Right of entry; identification of vehicle. Sec. 2. (1) A surveyor may enter upon public or private lands or waters in this state except buildings, for the purpose of making a survey. (2) A vehicle used for or during entry pursuant to this section shall be identified on the exterior by a proper and ethical sign listing name, address, and telephone number of the surveyor or firm. History: 1976, Act 115, Imd. Eff. May 14, Liability. Sec. 3. A surveyor making an entry pursuant to section 2 shall be liable only for actual damage to crops or other property, or for actual damage due to negligence of the surveyor during the entry. History: 1976, Act 115, Imd. Eff. May 14, Forfeiture of claim for damage or injury. Sec. 4. The surveyor by his entry shall forfeit any and all claim for damage or injury to his person and equipment while on the lands or waters, unless the damage or injury is caused by the intentional tortious conduct of another. History: 1976, Act 115, Imd. Eff. May 14, Rendered Wednesday, February 4, 2015 Page 5 Michigan Compiled Laws Complete Through PA 492 of 2014 Legislative Council, State of Michigan Courtesy of

41 CORNER RECORDATION ACT Act 74 of 1970 AN ACT to protect and perpetuate land survey corners; to require the establishment of monuments and the recording of information concerning original and protracted public land survey corners; to prescribe the duties of certain state and local governmental officers and entities; to require the promulgation of rules; and to prescribe penalties. History: 1970, Act 74, Imd. Eff. July 16, 1970; Am. 1975, Act 313, Eff. Mar. 31, 1976; Am. 2014, Act 420, Imd. Eff. Dec. 30, The People of the State of Michigan enact: Short title; corner recordation act. Sec. 1. This act shall be known and may be cited as the corner recordation act. History: 1970, Act 74, Imd. Eff. July 16, Definitions. Sec. 2. As used in this act: (a) "Accessory", means any exclusively identifiable physical object whose spatial relationship to the corner is recorded on a land corner recordation certificate that has been filed under this act. (b) "Corner" means an original public land survey corner, a protracted public land survey corner, a property controlling corner, a witness monument, or a property corner. (c) "County representative" means the individual performing the duties of county representative under section 9 of the state survey and remonumentation act, 1990 PA 345, MCL (d) "Department" means the department of licensing and regulatory affairs. (e) "Land corner recordation certificate" means a written record for a corner in the form prescribed under section 5 that is to be filed as provided by this act. (f) "Monument" means a marker that occupies the position of a corner and that possesses or is made to possess a magnetic field. (g) "Original public land survey corner" means a corner established and monumented pursuant to orders and instructions issued by the United States government for the purposes of delineating the United States public lands and private lands or subdividing the public lands for conveyance. (h) "Person" means an individual, partnership, corporation, association, governmental entity, or other legal entity. (i) "Property controlling corner" means either of the following: (i) A position misidentified as and used as an original public land survey corner or as a protracted public land survey corner that serves to control property. (ii) A corner that does not lie on a property line of a property but that controls the location of 1 or more of the property corners of the property. (j) "Property corner" means a geographic point on the surface of the earth that is on, is a part of, and controls a property line. (k) "Protracted public land survey corner" means any of the following: (i) A closing quarter section position along a township or range line or a center quarter section position that was not actually monumented on the ground in the field notes of the original federal government survey, but that serves to complete the nominal half-mile grid of government corners. (ii) A monumented position that is not an original public land survey corner, that lies on a section line or quarter line near a body of water, and that serves to define the section line or quarter line in lieu of a submerged government position or an omitted meander position. (iii) A section or quarter section corner that appears by the field notes and plats of the United States survey of this state, on file in the state archives, to have been omitted and not properly established or monumented. (l) "Reference monument" means an accessory that is employed if the site of a corner is such that a monument cannot be set or is liable to destruction or if occupation of the site provides for unsafe conditions. (m) "Surveyor" means a professional surveyor who is licensed to practice professional surveying under article 20 of the occupational code, 1980 PA 299, MCL to (n) "Witness monument" is an accessory that is a monumented point near a corner. A witness monument is established only if it is impracticable to occupy the site of a corner with a monument. A witness monument is a witness to the true corner point. If the true point for a corner falls at an inaccessible place, such as on a precipitous slope or cliff where the corner cannot be monumented, a witness monument is established at a Rendered Wednesday, February 4, 2015 Page 6 Michigan Compiled Laws Complete Through PA 492 of 2014 Legislative Council, State of Michigan Courtesy of

42 suitable point where the monument may be permanently constructed. History: 1970, Act 74, Imd. Eff. July 16, 1970; Am. 1975, Act 313, Eff. Mar. 31, 1976; Am. 1988, Act 26, Eff. May 1, 1988; Am. 2000, Act 34, Imd. Eff. Mar. 15, 2000; Am. 2014, Act 420, Imd. Eff. Dec. 30, Original public land survey corner; completion and filing of land corner recordation certificate. Sec. 3. If an original public land survey corner is used by a surveyor, not more than 90 days after the original public land survey corner is used, the surveyor shall complete, sign, seal, and file with the register of deeds of the county where the original public land survey corner is situated, a land corner recordation certificate for the original public land survey corner, unless the original public land survey corner monument and its accessories are as described in an existing land corner recordation certificate that has been filed under this act. History: 1970, Act 74, Imd. Eff. July 16, 1970; Am. 2000, Act 34, Imd. Eff. Mar. 15, 2000; Am. 2014, Act 420, Imd. Eff. Dec. 30, a Protracted public land survey corner; completion and filing of land corner recordation certificate. Sec. 3a. If a protracted public land survey corner is monumented by a surveyor, or if a previously monumented protracted public land survey corner is used by a surveyor, not more than 90 days after the protracted public land survey corner is monumented or used, the surveyor shall complete, sign, seal, and file with the register of deeds of the county where the protracted public land survey corner is situated a land corner recordation certificate for the protracted public land survey corner, unless the protracted public land survey corner monument and its accessories are as described in an existing land corner recordation certificate that has been filed under this act. History: Add. 2014, Act 420, Imd. Eff. Dec. 30, b Property controlling corner; recordation. Sec. 3b. If a property controlling corner has been recorded or used as an original public land survey corner or protracted public land survey corner, the property controlling corner must be recorded on the same land corner recordation certificate required to be filed under section 3 or 3a. History: Add. 2014, Act 420, Imd. Eff. Dec. 30, Corner record; completion and filing of land corner recordation certificate. Sec. 4. If sections 3, 3a, and 3b do not apply, a surveyor who monuments or uses a corner may complete, sign, seal, and file with the register of deeds of the county where the corner is situated a land corner recordation certificate for the corner. History: 1970, Act 74, Imd. Eff. July 16, 1970; Am. 2014, Act 420, Imd. Eff. Dec. 30, Land corner recordation certificate; information to be included; promulgation of rules. Sec. 5. (1) The department, by rule, shall prescribe the information that must be included in a land corner recordation certificate and the form in which a land corner recordation certificate must be presented and filed. (2) The department shall promulgate rules pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL to , to implement this act. History: 1970, Act 74, Imd. Eff. July 16, 1970; Am. 2014, Act 420, Imd. Eff. Dec. 30, Preservation of completed land corner recordation certificate; numerical order; placement of book and page number on index; public inspection; filing fee. Sec. 6. (1) A register of deeds shall receive for filing a completed land corner recordation certificate and preserve it in a hardbound book. The books must be numbered in numerical order as filed. (2) A register of deeds shall number land corner recordation certificates in numerical order as they are filed. (3) A register of deeds shall place the book and page number in which a land corner recordation certificate is filed on an index provided by the register of deeds for that purpose. (4) A register of deeds shall make the records described in this section available for public inspection during all usual office hours. (5) A register of deeds shall determine the fee for filing a land corner recordation certificate as provided in section 2567(1)(a) of the revised judicature act of 1961, 1961 PA 236, MCL Rendered Wednesday, February 4, 2015 Page 7 Michigan Compiled Laws Complete Through PA 492 of 2014 Legislative Council, State of Michigan Courtesy of

43 History: 1970, Act 74, Imd. Eff. July 16, 1970; Am. 1975, Act 313, Eff. Mar. 31, 1976; Am. 1988, Act 26, Eff. May 1, 1988; Am. 2000, Act 34, Imd. Eff. Mar. 15, 2000; Am. 2014, Act 420, Imd. Eff. Dec. 30, Monumenting corner and each accessory to corner; physical condition; witness monument; reference monuments; report. Sec. 7. (1) If a land corner recordation certificate is required to be filed under this act, the surveyor shall monument the corner, record and identify each accessory to the corner, and leave the monument in such a physical condition that it remains as permanent a monument as is reasonably possible. (2) If a witness monument is set, the surveyor may monument the corner and shall set the witness monument as follows: (a) In a secure location. (b) On a line of survey or protracted line of survey as shown on the general land office plats that intersects the corner. (c) As close to the corner as practicable. (3) A surveyor who sets a witness monument under subsection (2) shall report on the land corner recordation certificate the relation between the witness monument and the true corner and the direct connecting course and distance from the corner to the witness monument. (4) If a surveyor sets reference monuments, the surveyor shall install at least 4 reference monuments interrelated and visible with the corner and each other by angular and linear measurements. If a surveyor sets reference monuments, the surveyor is not required to set the corner. (5) A surveyor who sets reference monuments under subsection (4) shall report all of the following on the land corner recordation certificate: (a) The relation between the reference monuments and the corner. (b) The direct connecting courses and distances between the reference monuments and the corner. (c) The distances between each reference monument and the 2 reference monuments that are closest to the reference monument. History: 1970, Act 74, Imd. Eff. July 16, 1970; Am. 2000, Act 34, Imd. Eff. Mar. 15, 2000; Am. 2014, Act 420, Imd. Eff. Dec. 30, Signing, dating, and sealing land recordation certificate. Sec. 8. A land corner recordation certificate may not be filed unless it is signed, dated, and sealed by the surveyor. However, for a certificate prepared by or on behalf of an agency of the United States government or this state, the certificate must be approved, signed, dated, and sealed by the surveyor in responsible charge of the agency and may also be signed by the chief of the survey party making the survey. History: 1970, Act 74, Imd. Eff. July 16, 1970; Am. 1988, Act 26, Eff. May 1, 1988; Am. 2000, Act 34, Imd. Eff. Mar. 15, 2000; Am. 2014, Act 420, Imd. Eff. Dec. 30, Repealed. 2000, Act 34, Imd. Eff. Mar. 15, Compiler's note: The repealed section pertained to corners previously established Monuments; placement; magnetic field. Sec. 10. (1) When set, a monument shall possess a magnetic field, be at least 1/2 inch in diameter and a minimum of 18 inches in length, and be legibly capped showing the license number of the surveyor. (2) Unless it is to be set in a public roadway, a monument shall be set with not less than 2/3 of its length below the surface of the surrounding ground. (3) If a corner is located in a public roadway and the roadway is not hard-surfaced at the corner, the monument shall be placed at least 6 inches below the surface of the roadway. (4) If a corner is located in a public roadway and the roadway is hard-surfaced at the corner, whether by concrete, asphalt, or otherwise, the monument, including, but not limited to, a monument set before the effective date of the 2000 amendatory act that amended this section, shall be visible or contained within a visible protected enclosure and shall comply with any requirements of the agency having jurisdiction over the roadway. (5) If a corner to be monumented is located on a rock outcropping, the monument shall be an iron bar at least 1/2 inch in diameter, drilled and grouted into solid rock to a depth of at least 8 inches. History: Add. 1975, Act 313, Eff. Mar. 31, 1976; Am. 2000, Act 34, Imd. Eff. Mar. 15, a Repealed. 2000, Act 34, Imd. Eff. Mar. 15, Compiler's note: The repealed section pertained to monuments furnished by county. Rendered Wednesday, February 4, 2015 Page 8 Michigan Compiled Laws Complete Through PA 492 of 2014 Legislative Council, State of Michigan Courtesy of

44 54.210b Repealed. 1988, Act 26, Eff. May 1, Compiler's note: The repealed section pertained to coding, indexing, and transfer of corner records c Effect of noncompliance. Sec. 13. Failure to comply with the provisions of this act is sufficient grounds for the suspension or revocation of the license of a surveyor. History: Add. 1975, Act 313, Eff. Mar. 31, 1976; Am. 1988, Act 26, Eff. May 1, 1988; Am. 2000, Act 34, Imd. Eff. Mar. 15, d Defacing, destroying, altering, or removing monument, accessory, witness monument, or reference monument; penalty; temporary removal; resetting and rewitnessing; report. Sec. 14. (1) Except as provided in this subsection or subsection (2), a person who defaces, destroys, alters, or removes a monument, accessory, witness monument, or reference monument is guilty of a misdemeanor punishable by a fine of not more than $5, or imprisonment for not more than 180 days, or both, and is responsible for the costs of reestablishment and replacement of the monument, accessory, witness monument, or reference monument and filing of the associated land corner recordation certificate by a surveyor. This subsection does not apply to an accessory that is on private property. (2) A monument, accessory, witness monument, or reference monument may be temporarily removed for construction purposes if the corner is properly witnessed by a surveyor before removal. A monument, accessory, witness monument, or reference monument that is removed under this subsection must be reset and rewitnessed and an associated land corner recordation certificate filed by a surveyor within 30 days after the completion of the construction. A monument, accessory, witness monument, or reference monument shall not be temporarily removed for more than 1 year. (3) A person who knows that a monument, accessory, witness monument, or reference monument has been defaced, destroyed, altered, or removed shall report that fact in writing to the county representative and the county prosecutor of the county in which the corner is located. History: Add. 1975, Act 313, Eff. Mar. 31, 1976; Am. 1988, Act 26, Eff. May 1, 1988; Am. 2000, Act 34, Imd. Eff. Mar. 15, 2000; Am. 2014, Act 420, Imd. Eff. Dec. 30, Rendered Wednesday, February 4, 2015 Page 9 Michigan Compiled Laws Complete Through PA 492 of 2014 Legislative Council, State of Michigan Courtesy of

45 CERTIFIED SURVEYS Act 132 of 1970 AN ACT to provide for the filing of surveys in the office of the register of deeds relative to land divisions; and to prescribe the conditions of the survey. History: 1970, Act 132, Eff. Apr. 1, The People of the State of Michigan enact: Certified copy of survey; recordation; exemptions. Sec. 1. (1) Whenever lands are surveyed into 4 parcels or less, or a greater number when such parcels are of 10 acres or more, or any boundary survey where permanent corners are monumented, a certified copy may be recorded in the office of the register of deeds in the county in which the land is situated, if such survey meets the requirements of this act. (2) If a survey is made for the purposes of describing the parcel in a conveyance of title, a certified copy of that survey shall be recorded at the time of recording the conveyance of title with the register of deeds in the county in which the land is situated. The requirements of this act are in addition to Act No. 288 of the Public Acts of 1967, as amended, being sections to of the Compiled Laws of Land platted in accordance with Act No. 288 of the Public Acts of 1967, as amended, or land previously surveyed and recorded and for which no change in boundary description is made from a previously recorded survey need not be recorded. Surveys solely for mortgage certificate purposes need not be recorded. History: 1970, Act 132, Eff. Apr. 1, 1971; Am. 1972, Act 280, Eff. Jan. 1, Compiler's note: In the second sentence of subsection (2), the reference to sections to of the Compiled Laws of 1948 evidently should read sections to of the Compiled Laws of Performance of survey; preparation of map; permanent markers for corners. Sec. 2. (1) The survey shall be performed and the map prepared by a land surveyor licensed in this state. (2) All corners shall be monumented in the field with permanent markers which possess a magnetic field unless previously monumented with iron stakes, capped with some device legibly showing the license number of the licensed land surveyor placing them, and shall include points of intersection of boundary or lot lines with highways, streets, alleys, section lines, and meander lines, and corners of the United States public land survey from which the parcel or parcels are described. History: 1970, Act 132, Eff. Apr. 1, 1971; Am. 1988, Act 24, Imd. Eff. Feb. 25, Map; requirements. Sec. 3. (1) The map shall be prepared on durable white paper 8-1/2 inches wide by 14 inches long. Lines on a map shall be made with nonfading black ink on a scale of not more than 500 feet to an inch the scale shall be shown on the map. The map may instead be prepared on tracing cloth or paper, and a true scale reproduction of the map pursuant to the records media act may be recorded. The map shall include all of the following: (a) A certificate signed and sealed by the licensed land surveyor who surveyed and mapped the parcel or parcels, typed, lettered, or reproduced legibly with nonfading ink, giving a clear concise description of the land surveyed by bearings and distances, commencing with some corner marked and established in the United States public land survey, or reestablished in accordance with accepted methods. The certificate shall also include the ratio of closure of latitudes and departures, which shall be within limits accepted by the profession of land surveying, and certification by the licensed land surveyor that the requirements of this section have been met. (b) The exterior boundaries of the land surveyed and divided, together with the line or lines leading to the United States public land survey corner, or corners, from which the land is described. A boundary along a lake or stream shall be defined by a meander line connecting the side boundaries of the parcel. If a lot in a recorded subdivision is divided, the exterior boundaries of the lot surveyed and divided shall be referenced to existing lot corners and the controlling monuments used for that survey. (c) If the boundary of the parcel follows or parallels a section line, the section line shall be defined at its extremities by a corner established in the United States public land survey or reestablished pursuant to accepted methods. Each corner of the United States public land survey shall be duly witnessed to a permanent object and the kind of object and the bearings and distances to it, together with the kind and material of monumentation marking the corner, shall be shown on the map. (d) A curved boundary or a curved highway, street, or lot line, if the curve is contained within the line, Rendered Wednesday, February 4, 2015 Page 10 Michigan Compiled Laws Complete Through PA 492 of 2014 Legislative Council, State of Michigan Courtesy of

46 shall be defined by the points of curvature and tangency and compound curvature, central angle, length of arcs, degree of curvature, and length and bearing of the long chord, or, if the curve is only partially contained within the line, by the length of arc along the curve, degree of curvature, and length and bearing of the short chord, or by traverse courses and distances if the curve is not regular. (e) If an exterior boundary line shows a bearing or length that varies from that recorded in an abutting plat or certified survey, the following note shall be placed along the line recorded as (show bearing or length or both). (f) The length and bearing of each line. (g) The exact width of each street, highway, alley, and easement. (h) The distance on a boundary or lot line from the point of intersection with a meander line to apparent ordinary high water line of Great Lakes waters and to the water's edge of inland lakes and streams. (i) A north point properly located. (2) Certified survey maps prepared pursuant to this section shall be accepted, upon payment of the regular fee schedule as provided in section 2567(1)(a) of the revised judicature act of 1961, Act No. 236 of the Public Acts of 1961, being section of the Michigan Compiled Laws, shall be numbered consecutively by the register of deeds, shall be recorded in bound volumes, or in a manner adapted to a system of preserving records pursuant to the records media act, and known as the certified survey maps of... county, and shall become a part of the land records of the county. A separate card file shall be kept showing by section, township, and range and also by title of recorded plat if a resurvey within such plat, the designating number, liber, and page of the certified maps filed in the bound volume, or other record. (3) If a certified survey map is recorded pursuant to this section, the parcels of land in the map may be described with a supplemental reference to the number of the survey, the volume and page where recorded, and the name of the county, for all purposes, including assessment, taxation, devise, descent, and conveyance. History: 1970, Act 132, Eff. Apr. 1, 1971; Am. 1988, Act 24, Imd. Eff. Feb. 25, 1988; Am. 1992, Act 183, Imd. Eff. Oct. 5, Rendered Wednesday, February 4, 2015 Page 11 Michigan Compiled Laws Complete Through PA 492 of 2014 Legislative Council, State of Michigan Courtesy of

47 SECTION CORNERS AND QUARTER POSTS Act 149 of 1883 AN ACT to authorize the board of supervisors of the several counties in this state to provide for ascertaining, preserving and maintaining the original section corners and quarter posts, as surveyed and recorded by the original survey, and to repeal Act No. 159 of the session laws of 1877, Act No. 205 of the session laws of 1879 and Act No. 73 of the session laws of History: 1883, Act 149, Eff. Sept. 8, The People of the State of Michigan enact: Section corners and quarter posts; establishment, records; referendum, tax levy, limitation. Sec. 1. That the boards of supervisors of the several counties in this state are hereby authorized to establish and perpetuate any government section corners or quarter posts in their respective counties, which they may have good reason to believe are lost or are in danger of being lost, by the employment of a surveyor therefor, who shall keep a full and complete record of his work, giving in detail the evidences by which any corner is identified, also the manner in which any lost corner is identified, also the manner in which lost corners are reestablished; which record shall be kept in the same book provided by the county for surveyors' records, and kept in the office of the county surveyor, and the record so made and entered by the surveyor aforesaid, shall be received as evidence in all the courts of this state wherein any question may arise as to the establishment or identification of such corner or corners: Provided, That such work shall be done only in such townships where a majority of the voters, voting, shall vote to raise such sum as is required, not exceeding 250 dollars for any 1 township of 36 sections, or in that proportion for townships of greater or lesser size, for such work by any surveyor authorized to do such work, as provided in section 1 of this act: And provided further, That nothing in this act shall apply to lands where section and quarter section lines are already properly established. Such sum to be assessed upon the real estate of such township, according to its cash value. Such assessment to be levied and the taxes therefrom collected in the same manner as other assessments and collection of taxes are made. History: 1883, Act 149, Eff. Sept. 8, 1883; How. 510a; CL 1897, 2511; CL 1915, 2329; CL 1929, 1183; CL 1948, Section corners and quarter posts; marking; removal, penalty. Sec. 2. The surveyor as above employed shall sink into the earth at all section and quarter post corners from the surface to a depth of at least 3 feet, a column of broken brick, charcoal, broken stones, or other easily distinguishable substance, of a diameter of at least 3 inches, and carefully describe the same in the records of his survey, and also to mark and record new witness trees wherever possible to do so, and if any person shall wilfully cut down, destroy, deface or injure any living witness tree, or remove a corner post in any shape, as above established, he shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be liable to a fine of not less than 25 dollars nor more than 50 dollars. History: 1883, Act 149, Eff. Sept. 8, 1883; How. 510b; Am. 1889, Act 71, Eff. Sept. 8, 1889; CL 1897, 2512; CL 1915, 2330; CL 1929, 1184; CL 1948, Rendered Wednesday, February 4, 2015 Page 12 Michigan Compiled Laws Complete Through PA 492 of 2014 Legislative Council, State of Michigan Courtesy of

48 MICHIGAN COORDINATE SYSTEMS Act 9 of 1964 AN ACT to describe, define, and officially adopt certain systems of coordinates for designating the position of points on or near the surface of the earth within this state. History: 1964, Act 9, Eff. Aug. 28, 1964; Am. 1988, Act 154, Imd. Eff. June 14, The People of the State of Michigan enact: Michigan coordinate system of 1927 and Michigan coordinate system of 1983 established; division of state into north zone, central zone, and south zone. Sec. 1. (1) The systems of plane coordinates which are established by the NOAA/NGS for defining and stating the positions of points on or near the surface of the earth within this state shall be known and designated as the Michigan coordinate system of 1927, or MCS 27, and the Michigan coordinate system of 1983, or MCS 83. (2) For the purpose of the use of these systems, the state is divided into a north zone, a central zone, and a south zone. (3) The area included in the following counties constitutes the north zone: Gogebic, Ontonagon, Houghton, Keweenaw, Baraga, Iron, Marquette, Dickinson, Menominee, Alger, Delta, Schoolcraft, Luce, Chippewa, and Mackinac. (4) The area included in the following counties constitutes the central zone: Emmet, Cheboygan, Presque Isle, Charlevoix, Leelanau, Antrim, Otsego, Montmorency, Alpena, Benzie, Grand Traverse, Kalkaska, Crawford, Oscoda, Alcona, Manistee, Wexford, Missaukee, Roscommon, Ogemaw, Iosco, Mason, Lake, Osceola, Clare, Gladwin, and Arenac. (5) The area included in the following counties constitutes the south zone: Oceana, Newaygo, Mecosta, Isabella, Midland, Bay, Huron, Muskegon, Montcalm, Gratiot, Saginaw, Tuscola, Sanilac, Ottawa, Kent, Ionia, Clinton, Shiawassee, Genesee, Lapeer, St. Clair, Allegan, Barry, Eaton, Ingham, Livingston, Oakland, Macomb, Van Buren, Kalamazoo, Calhoun, Jackson, Washtenaw, Wayne, Berrien, Cass, St. Joseph, Branch, Hillsdale, Lenawee, and Monroe. History: 1964, Act 9, Eff. Aug. 28, 1964; Am. 1988, Act 154, Imd. Eff. June 14, a Definitions. Sec. 1a. As used in this act: (a) Coordinates means the x and y plane rectangular coordinate values computed for a geographic position from a pair of mutually perpendicular axes. These axes are the meridian and parallel, defined in sections 5 and 5a, whose intersection defines the origin of each zone. (b) FGCC means the federal geodetic control committee of the United States department of commerce or a successor agency to the committee. (c) NOAA/NGS means the national oceanic and atmospheric administration/national geodetic survey or a successor agency to the administration. History: Add. 1988, Act 154, Imd. Eff. June 14, Land description. Sec. 2. (1) As established for use in the north zone, the Michigan coordinate system of 1927 or the Michigan coordinate system of 1983 shall be named, and in any land description in which it is used, shall be designated, respectively, the Michigan coordinate system of 1927, north zone, or the Michigan coordinate system of 1983, north zone. (2) As established for use in the central zone, the Michigan coordinate system of 1927 or the Michigan coordinate system of 1983 shall be named, and in any land description in which it is used, shall be designated, respectively, the Michigan coordinate system of 1927, central zone, or the Michigan coordinate system of 1983, central zone. (3) As established for use in the south zone, the Michigan coordinate system of 1927 or the Michigan coordinate system of 1983 shall be named, and in any land description in which it is used, shall be designated, respectively, the Michigan coordinate system of 1927, south zone, or the Michigan coordinate system of 1983, south zone. History: 1964, Act 9, Eff. Aug. 28, 1964; Am. 1988, Act 154, Imd. Eff. June 14, Use of coordinates. Rendered Wednesday, February 4, 2015 Page 13 Michigan Compiled Laws Complete Through PA 492 of 2014 Legislative Council, State of Michigan Courtesy of

49 Sec. 3. The coordinates for a point on or near the earth's surface that are used to express the geographic position of that point in the appropriate zone of this system shall consist of 2 distances. Each distance shall be expressed in United States survey feet (1 foot = 12/39.37 meters) and decimals of a survey foot if using the Michigan coordinate system of 1927, or shall be expressed in meters and decimals of a meter or in international feet (1 foot = meter) and decimals of an international foot if using the Michigan coordinate system of One of these distances, to be known as the x-coordinate, shall give the position in an east and west direction; the other distance, to be known as the y-coordinate, shall give the position in a north and south direction. The coordinates shall depend upon and conform to values published by the NOAA/NGS for the monumented points of the North American horizontal geodetic control network, the coordinates of which monumented points were computed on the systems designated in this act. History: 1964, Act 9, Eff. Aug. 28, 1964; Am. 1988, Act 154, Imd. Eff. June 14, Tract extending from 1 coordinate zone into another coordinate zone; reference to boundaries. Sec. 4. If a tract of land is defined by a single description and extends from 1 into another of the coordinate zones described in section 1, the positions of all points on the tract's boundaries may be referred to either of the 2 zones. The zone which is used for reference shall be specifically named in the description. History: 1964, Act 9, Eff. Aug. 28, 1964; Am. 1988, Act 154, Imd. Eff. June 14, Michigan coordinate system of 1927; definition; determination of position. Sec. 5. (1) For the purposes of more precisely defining the Michigan coordinate system of 1927, the following definition by the NOAA/NGS is adopted: (a) The Michigan coordinate system of 1927, north zone, is a Lambert conformal projection of the Clarke spheroid of 1866, magnified in linear dimension by a factor of , having standard parallels at north latitudes 45 degrees 29 minutes and 47 degrees 5 minutes, along which parallels the scale shall be exact. The origin of coordinates is at the intersection of the meridian 87 degrees zero minutes west of Greenwich and the parallel 44 degrees 47 minutes north latitude. This origin is given the coordinates: x = 2,000,000 feet and y = 0 feet. (b) The Michigan coordinate system of 1927, central zone, is a Lambert conformal projection of the Clarke spheroid of 1866, magnified in linear dimension by a factor of , having standard parallels at north latitude 44 degrees 11 minutes and 45 degrees 42 minutes, along which parallels the scale shall be exact. The origin of coordinates is at the intersection of the meridian 84 degrees 20 minutes west of Greenwich and the parallel 43 degrees 19 minutes north latitude. This origin is given the coordinates: x = 2,000,000 feet and y = 0 feet. (c) The Michigan coordinate system of 1927, south zone, is a Lambert conformal projection of the Clarke spheroid of 1866, magnified in linear dimension by a factor of , having standard parallels at north latitude 42 degrees 6 minutes and 43 degrees 40 minutes along which parallels the scale shall be exact. The origin of coordinates is at the intersection of the meridian 84 degrees 20 minutes west of Greenwich and the parallel 41 degrees 30 minutes north latitude. This origin is given the coordinates: x = 2,000,000 feet and y = 0 feet. (2) The position of the Michigan coordinate system of 1927 shall be as determined from horizontal geodetic control points established throughout the state in conformity with the standards of accuracy and specifications for first order or second order geodetic surveying as prepared and published by the FGCC, the geodetic positions of which control points were rigidly adjusted on the North American datum of 1927 and the coordinates of which were computed on the Michigan coordinate system of History: 1964, Act 9, Eff. Aug. 28, 1964; Am. 1988, Act 154, Imd. Eff. June 14, a Michigan coordinate system of 1983; definition; determination of position. Sec. 5a. (1) For purposes of more precisely defining the Michigan coordinate system of 1983, the following definition by the NOAA/NGS is adopted: (a) The Michigan coordinate system of 1983, north zone, is a Lambert conformal projection of the North American datum of 1983, having standard parallels at north latitudes 45 degrees 29 minutes and 47 degrees 5 minutes, along which parallels the scale shall be exact. The origin of coordinates is at the intersection of the meridian 87 degrees zero minutes west of Greenwich and the parallel 44 degrees 47 minutes north latitude. This origin is given the coordinates: x = 8,000,000 meters and y = 0 meters. (b) The Michigan coordinate system of 1983, central zone, is a Lambert conformal projection of the North American datum of 1983, having standard parallels at north latitude 44 degrees 11 minutes and 45 degrees 42 minutes, along which parallels the scale shall be exact. The origin of coordinates is at the intersection of the Rendered Wednesday, February 4, 2015 Page 14 Michigan Compiled Laws Complete Through PA 492 of 2014 Legislative Council, State of Michigan Courtesy of

50 meridian 84 degrees 22 minutes west of Greenwich and the parallel 43 degrees 19 minutes north latitude. This origin is given the coordinates: x = 6,000,000 meters and y = 0 meters. (c) The Michigan coordinate system of 1983, south zone, is a Lambert conformal projection of the North American datum of 1983, having standard parallels at north latitude 42 degrees 6 minutes and 43 degrees 40 minutes, along which parallels the scale shall be exact. The origin of coordinates is at the intersection of the meridian 84 degrees 22 minutes west of Greenwich and the parallel 41 degrees 30 minutes north latitude. This origin is given the coordinates: x = 4,000,000 meters and y = 0 meters. (2) The position of the Michigan coordinate system of 1983 shall be as determined from horizontal geodetic control points established throughout the state in conformity with the standards of accuracy and specifications for first order or second order geodetic surveying as prepared and published by the FGCC, the geodetic positions of which control points were rigidly adjusted on the North American datum of 1983 and the coordinates of which were computed on the Michigan coordinate system of Standards and specifications of the FGCC in force on the date of a survey shall apply to that survey. History: Add. 1988, Act 154, Imd. Eff. June 14, Presentation of coordinates for recording; contents of recording document. Sec. 6. Coordinates based on either Michigan coordinate system described in this act, purporting to define the position of a point or a land boundary corner, shall not be presented to be recorded unless the recording document contains an estimate, expressed as a standard deviation, of the positional tolerance of the coordinates being recorded. The recording document shall also contain a description of the nearest first or second order horizontal geodetic control monument from which the coordinates being recorded were determined and the method of survey for that determination. If the position of the described first or second order geodetic control monument is not published by the NOAA/NGS, the recording document shall contain a certificate signed by a land surveyor licensed under article 20 of the occupational code, Act No. 299 of the Public Acts of 1980, being sections to of the Michigan Compiled Laws, which certificate states that the described control monument and its coordinates have been established and determined in conformance with the specifications given in section 5 or 5a. History: 1964, Act 9, Eff. Aug. 28, 1964; Am. 1988, Act 154, Imd. Eff. June 14, Use of coordinates on map, report of survey, or other document. Sec. 7. (1) The use of the term Michigan coordinate system of 1927 on a map, report of survey, or other document shall be limited to coordinates based on the Michigan coordinate system of 1927 as defined in section 5. (2) The use of the term Michigan coordinate system of 1983 on a map, report of survey, or other document shall be limited to coordinates based on the Michigan coordinate system of 1983 as defined in section 5a. History: 1964, Act 9, Eff. Aug. 28, 1964; Am. 1988, Act 154, Imd. Eff. June 14, Describing location of survey station or land boundary corner; conflicting descriptions. Sec. 8. (1) For the purpose of describing the location of a survey station or land boundary corner in the state of Michigan, it shall be considered a complete, legal, and satisfactory description of that location to give the position of the survey station or land boundary corner by the Michigan coordinate system of 1927 or the Michigan coordinate system of (2) If the Michigan coordinate system of 1927 or the Michigan coordinate system of 1983 is used to describe a tract of land which in the same document is also described by reference to a subdivision, line, or corner of the United States public land surveys, or to a subdivision plat duly recorded in accordance with the subdivision control act of 1967, Act No. 288 of the Public Acts of 1967, being sections to of the Michigan Compiled Laws, the description by coordinates shall be construed as supplemental to the basic description of the subdivision, line, or corner contained in the official plats and field notes filed of record, and in the event of a conflict, the description by reference to the subdivision, line, or corner of the United States public land surveys, or to the recorded subdivision plat, shall prevail over the description by coordinates. History: 1964, Act 9, Eff. Aug. 28, 1964; Am. 1988, Act 154, Imd. Eff. June 14, Sole system after December 31, Sec. 9. The Michigan coordinate system of 1927 shall not be used after December 31, The Michigan coordinate system of 1983 shall be the sole system used after December 31, History: 1964, Act 9, Eff. Aug. 28, 1964; Am. 1988, Act 154, Imd. Eff. June 14, Rendered Wednesday, February 4, 2015 Page 15 Michigan Compiled Laws Complete Through PA 492 of 2014 Legislative Council, State of Michigan Courtesy of

51 COUNTY SURVEYOR ABOLISHED Act 196 of 1941 AN ACT to abolish the office of county surveyor in counties having a population of 500,000 or over; and to provide a referendum thereon. History: 1941, Act 196, Eff. Jan. 10, The People of the State of Michigan enact: County surveyor in counties over 500,000; office abolished. Sec. 1. The office of county surveyor in counties having a population of 500,000 or over, according to the latest federal census is hereby abolished. History: 1941, Act 196, Eff. Jan. 10, 1942; CL 1948, Referendum on adoption of act; ballot, form. Sec. 2. The provisions of this act shall not become operative in any county of the state to which it may apply unless and until it is submitted to a vote of the qualified electors voting thereon at the next general election after the passage of this act or after any such county shall reach a population of 500,000 or over. Like notice of the submission of the adoption of the provisions of this act shall be given as is required by law in the case of elections to elect county officers, and such question shall be submitted in substantially the following form: Shall the provisions of Act No. (here insert number of this act) of the Local Acts of 1941, providing for the abolishing of the office of county surveyor in counties having a population of 500,000 or over, be adopted by this county? Yes ( ) No ( ). If a majority of the electors voting on such proposition in any such county, as determined by the canvass of votes cast, shall vote in favor thereof, from and after such determination, the provisions of this act shall be in force, and the office of county surveyor in such county shall be abolished. History: 1941, Act 196, Eff. Jan. 10, 1942; CL 1948, Rendered Wednesday, February 4, 2015 Page 16 Michigan Compiled Laws Complete Through PA 492 of 2014 Legislative Council, State of Michigan Courtesy of

52 STATE SURVEY AND REMONUMENTATION ACT Act 345 of 1990 AN ACT to create a state survey and remonumentation commission and to prescribe its powers and duties; to create the state survey and remonumentation fund and to provide for its use; to coordinate and implement the monumentation and remonumentation of property controlling corners in this state; to provide for powers and duties of certain state and local officers and agencies; and to require the promulgation of rules. History: 1990, Act 345, Eff. Jan. 1, 1991; Am. 2014, Act 166, Imd. Eff. June 12, Compiler's note: For transfer of powers and duties of the state survey and remonumentation commission, with the exception of powers and duties of the executive director, from the department of commerce to the director of the department of consumer and industry services, see E.R.O. No , compiled at MCL of the Michigan Compiled Laws. For transfer of the powers and duties of the executive director of the survey and remonumentation commission to the director of the department of consumer and industry services, and the abolishment of the position, see E.R.O. No , compiled at MCL of the Michigan Compiled Laws. The People of the State of Michigan enact: Short title. Sec. 1. This act shall be known and may be cited as the state survey and remonumentation act. History: 1990, Act 345, Eff. Jan. 1, Compiler's note: For transfer of powers and duties of the state survey and remonumentation commission, with the exception of powers and duties of the executive director, from the department of commerce to the director of the department of consumer and industry services, see E.R.O. No , compiled at MCL of the Michigan Compiled Laws. For transfer of the powers and duties of the executive director of the survey and remonumentation commission to the director of the department of consumer and industry services, and the abolishment of the position, see E.R.O. No , compiled at MCL of the Michigan Compiled Laws Definitions. Sec. 2. As used in this act: (a) "Commission" means the state survey and remonumentation commission created in section 3. (b) "County plan" means a county monumentation and remonumentation plan and perpetual monument maintenance plan established under section 8. (c) "County representative" means the individual obligated to perform the duties of county representative under section 9. (d) "Department" means the department of licensing and regulatory affairs. (e) "Fund" means the state survey and remonumentation fund created in section 11. (f) "Monumentation" means all land surveying activities performed by a surveyor to monument a protracted public land survey corner under this act and in accordance with the laws of this state. (g) "Original public land survey corner" means a corner established and monumented pursuant to orders and instructions issued by the United States government for the purposes of delineating United States public lands and private lands or subdividing public lands for conveyance. (h) "Property controlling corner" means either of the following: (i) A position misidentified as and used as an original public land survey corner or as a protracted public land survey corner that serves to control property lines. (ii) Any other corner approved by the department, acting in consultation with the commission. (i) "Protracted public land survey corner" means either of the following: (i) A closing quarter section position along a township or range line or a center quarter section position that was not actually monumented on the ground in the field notes of the original United States government survey, but that serves to complete the nominal half-mile grid of government corners. (ii) A monumented position that is not an original public land survey corner, lying on a section line or quarter line near a body of water, that serves to define the section line or quarter line in lieu of a submerged government position or an omitted meander position. (j) "Remonumentation" means all land surveying activities performed by a surveyor to perpetuate a previously monumented original public land survey corner, protracted public land survey corner, or property controlling corner as provided in this act. (k) "Surveyor" means a professional surveyor who is licensed to practice professional surveying under article 20 of the occupational code, 1980 PA 299, MCL to History: 1990, Act 345, Eff. Jan. 1, 1991; Am. 1998, Act 5, Imd. Eff. Feb. 6, 1998; Am. 2010, Act 260, Eff. Dec. 22, 2010; Am. 2014, Act 166, Imd. Eff. June 12, Rendered Wednesday, February 4, 2015 Page 17 Michigan Compiled Laws Complete Through PA 492 of 2014 Legislative Council, State of Michigan Courtesy of

53 State survey and remonumentation commission; creation; membership; terms; vacancy; compensation; expenses. Sec. 3. (1) The state survey and remonumentation commission is created in the department. (2) The commission shall consist of 7 members. By January 1, 2015, the governor shall appoint the members, with the advice and consent of the senate, as follows: (a) Two members shall be appointed to represent the general public. (b) One member must be a grant administrator appointed under section 9a. (c) The remaining 4 members must be surveyors, 1 of whom must also be serving as a county representative. The 4 members appointed under this subdivision must be residents of the following areas of this state: (i) One must be a resident of the Upper Peninsula, 1 must be a resident of the area of the Lower Peninsula that is north of the survey township line lying between survey township 16 north and survey township 17 north, and 1 must be a resident of the area of the Lower Peninsula that is south of the survey township line lying between survey township 16 north and survey township 17 north. (ii) One must be a member at large, and may be a resident of any area of this state. (3) Of the 7 members first appointed to the commission after the effective date of the amendatory act that added section 9a, 1 shall be appointed for a term of 1 year, 2 for terms of 2 years each, 2 for terms of 3 years each, and 2 for terms of 4 years each. At the expiration of the term of a member, the governor shall appoint a successor, who shall hold office for a term of 4 years and until his or her successor has been appointed and qualified. If there is a vacancy in the office of a member of the commission, the governor shall appoint a successor, with the advice and consent of the senate, for the unexpired term. (4) Members of the commission shall serve without compensation, but shall be reimbursed from the fund for actual and necessary expenses in accordance with standards established annually by the legislature for similar boards or commissions. History: 1990, Act 345, Eff. Jan. 1, 1991; Am. 2014, Act 166, Imd. Eff. June 12, Commission; chairperson; meetings. Sec. 4. At the commission's first meeting, 1 member of the commission shall be selected by a majority of the commission members to be chairperson. The commission shall meet at least 2 times each year, at a time and place agreed upon by the commission. The chairperson may call special meetings at a time and place determined by the chairperson. History: 1990, Act 345, Eff. Jan. 1, 1991; Am. 2014, Act 166, Imd. Eff. June 12, Conduct of business at public meetings; public notice; writings. Sec. 5. (1) The business that the commission performs shall be conducted at a public meeting of the commission held in compliance with the open meetings act, Act No. 267 of the Public Acts of 1976, being sections to of the Michigan Compiled Laws. Public notice of the time, date, and place of the meeting shall be given in the manner required by Act No. 267 of the Public Acts of (2) A writing prepared, owned, used, in the possession of, or retained by the commission in the performance of an official function shall be made available to the public in compliance with the freedom of information act, Act No. 442 of the Public Acts of 1976, being sections to of the Michigan Compiled Laws. History: 1990, Act 345, Eff. Jan. 1, Duties of department; expediting county's plan; payment or reimbursement of costs; interaction with commission. Sec. 6. (1) The department shall do all of the following: (a) Coordinate the restoration, maintenance, and preservation of the land survey records and monuments of the public land survey system in this state, including, but not limited to, all pertinent field notes, plats, documents, and monuments. (b) Establish a policy to maintain and provide safe storage of records required to be filed with the department under this act. (c) Coordinate memoranda of understanding with other state, federal, and local agencies to promote the activities necessary, incidental, or appropriate to promote this act. (d) Foster, encourage, and promote county plans for each county in this state and, after submission of county plans, review the plans for approval. (e) Coordinate and administer a grant program for grants to counties to implement this act. Rendered Wednesday, February 4, 2015 Page 18 Michigan Compiled Laws Complete Through PA 492 of 2014 Legislative Council, State of Michigan Courtesy of

54 (f) By October 1 in each odd-numbered year, submit a report to the legislature and each county board of commissioners. The report must include, but not be limited to, all of the following: (i) A summary of the department's activities regarding administration of this act. (ii) An assessment of the progress of the implementation of county monumentation and remonumentation plans throughout this state. (iii) A statement regarding the amount of money that was received and disbursed from the fund. (iv) An assessment of how much money is necessary to carry out the county plans in this state. (v) An assessment of whether the money received in the fund is adequate to implement this act. (vi) Recommendations including, but not limited to, the level of funding that is necessary to implement this act. (vii) A statement of the amount of money disbursed from the fund to each grantee, the average amount of money spent per corner by each grantee, and the percentage of work in its county plan completed by each grantee. (2) If a county elects to expedite the county's plan as provided in section 8, the department shall enter into a contract described in section 8(4) to pay or reimburse the costs of expediting the plan. The amount expended or borrowed for expediting the county's plan shall be paid from the fund as provided in section 12(2). (3) In performing its duties under this act, if the department is required to interact in any way with the commission and if the initial members of the commission have not been appointed and their appointment consented to by the senate under section 3 as amended by the amendatory act that added this subsection, the department may proceed with its duties under this act without the required interaction until the initial members are appointed and their appointment consented to. History: 1990, Act 345, Eff. Jan. 1, 1991; Am. 1998, Act 5, Imd. Eff. Feb. 6, 1998; Am. 2014, Act 166, Imd. Eff. June 12, Employee as surveyor. Sec. 7. The employee in direct charge of the state survey and remonumentation section in the department that performs services for the director of the department under this act must be a surveyor. History: 1990, Act 345, Eff. Jan. 1, 1991; Am. 2014, Act 166, Imd. Eff. June 12, County monumentation and remonumentation plan; perpetual monument maintenance plan; rules; submission; provisions; failure to establish and submit plan or revised plan; expediting plan; geodetic control stations. Sec. 8. (1) Each county shall establish a county monumentation and remonumentation plan and perpetual monument maintenance plan. The department, in consultation with the commission, shall create and distribute a model county plan that may be adopted by a county with any changes appropriate for that county. By the second March 1 after the department promulgates rules under section 17(3), each county shall submit to the department for approval in consultation with the commission a county plan or, if the county has previously submitted a county plan, a revised county plan that complies with the amendments to this act enacted by the amendatory act that added section 9a and any rules promulgated after the effective date of that amendatory act and before the date that the county plan or revised county plan is to be submitted. (2) A county plan shall provide for all of the following: (a) A monumentation and remonumentation plan that provides for the remonumentation of all of the original public land survey corners, and any associated property controlling corners, and the monumentation or remonumentation of all of the protracted public land survey corners, and any associated property controlling corners, identified in the county plan. The monumentation or remonumentation of the county shall consist of: (i) The filing of a land corner recordation certificate pursuant to the requirements of the corner recordation act, 1970 PA 74, MCL to d, for each original public land survey corner and protracted public land survey corner in the county. (ii) The inclusion in a certificate filed under subparagraph (i) of any property controlling corner associated with the original public land survey corner or protracted public land survey corner that is the subject of the certificate. (iii) The filing of geodetic coordinates for each original public land survey corner and protracted public land survey corner in the county. (b) The filing of copies of all recorded land corner recordation certificates produced pursuant to the county plan with the department. (c) The exclusion or addition by the county of original public land survey corners or protracted public land survey corners, with the approval of the department, acting in consultation with the commission. (d) A perpetual monument maintenance plan that provides for all original public land survey corners or Rendered Wednesday, February 4, 2015 Page 19 Michigan Compiled Laws Complete Through PA 492 of 2014 Legislative Council, State of Michigan Courtesy of

55 protracted public land survey corners included in the county plan, and associated geodetic coordinates, to be maintained by requiring the filing of a land corner recordation certificate as required by the corner recordation act, 1970 PA 74, MCL to d, as necessary. (e) A peer review group as described in section 9b. (f) Any other provisions reasonably required by the department for purposes of this act. (3) If a county fails to establish and submit a plan or revised plan that is approved by the department under subsection (1), the department shall initiate and contract for the implementation of a county plan in that county as provided in section 10. (4) Subject to subsection (5), after the establishment and approval by the department of a county plan, a county may expend or borrow money to expedite the completion of its plan. If a county elects to expend or borrow money to expedite its county plan, the department shall enter into a contract to provide that the costs to expedite that plan are reimbursed or paid from the fund as provided in section 12(2). (5) After the effective date of the amendatory act that added section 9a, a county shall not expedite its county plan or expend or borrow money to expedite its county plan. A county that, before the effective date of the amendatory act that added section 9a, expedited its county plan or expended or borrowed money to expedite its county plan shall either have on file with the department a contract entered into under subsection (4) or execute a contract under subsection (4) within 1 year after the effective date of the amendatory act that added section 9a. (6) A county that expended or borrowed money to expedite its county plan in accordance with this section after January 1, 1991 may recapture costs expended or borrowed and used to expedite that plan. The department shall pay those costs to the county from the fund as provided in section 12(2) over a period of not less than 10 years. (7) A county plan may provide for the support by a county program of the extension, densification, upgrade, and maintenance of active and passive geodetic control stations. History: 1990, Act 345, Eff. Jan. 1, 1991; Am. 1998, Act 5, Imd. Eff. Feb. 6, 1998; Am. 2002, Act 489, Imd. Eff. June 28, 2002; Am. 2014, Act 166, Imd. Eff. June 12, County surveyor as county representative for surveying projects. Sec. 9. The county surveyor in each county in this state shall perform the duties of county representative for all surveying projects approved or initiated under this act. If a county does not have a county surveyor, the county board of commissioners shall appoint a licensed professional surveyor to perform the duties described in this section. History: 1990, Act 345, Eff. Jan. 1, 1991; Am. 2014, Act 166, Imd. Eff. June 12, a Grant administrator; appointment; responsibilities. Sec. 9a. A county board of commissioners shall appoint a grant administrator to be responsible for and oversee the county's obligations and money associated with this act. History: Add. 2014, Act 166, Imd. Eff. June 12, b County peer review group as panel of surveyors; appointment; responsibilities. Sec. 9b. A county board of commissioners shall appoint a county peer review group to act as a panel of surveyors to review and provide advice on original public land survey corners or protracted public land survey corners presented by surveyors before the county accepts the original public land survey corners or protracted public land survey corners for filing under its county plan. History: Add. 2014, Act 166, Imd. Eff. June 12, Conducting monumentation or remonumentation under negotiated contract; cost. Sec. 10. (1) Any monumentation or remonumentation conducted under section 8(3) shall be conducted under a negotiated contract. The department shall prepare specifications for each contract negotiated by the department and monitor the field work and notes of work done under each contract to ensure compliance with those specifications. (2) The department shall pay the cost of any contracts under this section from the fund. History: 1990, Act 345, Eff. Jan. 1, 1991; Am. 2014, Act 166, Imd. Eff. June 12, State survey and remonumentation fund; creation as separate fund; administration; deposit of money, interest, and earnings; gifts or donations from individuals or corporations; establishment of restricted subaccounts. Sec. 11. (1) The state survey and remonumentation fund is created in the state treasury as a separate fund. Rendered Wednesday, February 4, 2015 Page 20 Michigan Compiled Laws Complete Through PA 492 of 2014 Legislative Council, State of Michigan Courtesy of

56 The fund shall be administered by the department. (2) Money deposited in the fund, and all interest and earnings generated by the fund, shall not lapse at the end of a fiscal year, but shall remain in the fund to be expended as provided in this act. (3) The fund may accept money received as gifts or donations, or money received from individuals or corporations to be used for purposes of this act. (4) The department may direct the department of treasury to establish restricted subaccounts within the fund as necessary to administer the fund. History: 1990, Act 345, Eff. Jan. 1, 1991; Am. 2006, Act 76, Imd. Eff. Mar. 24, 2006; Am. 2014, Act 166, Imd. Eff. June 12, State survey and remonumentation fund; use of money; provisions applicable to deposited funds; limitation. Sec. 12. (1) Money in the fund shall be used by the department for the following purposes: (a) Annual grants to the various counties to implement their monumentation and remonumentation plans described in section 8(2)(a). (b) The implementation of county plans that are initiated and contracted for by the department under section 8(3). (c) Annual grants to counties to implement their perpetual monument maintenance plan described in section 8(2)(d). (d) The payment of contracts that are entered into by the department under section 10. (e) Other activities necessary, incidental, or appropriate to implement this act. (2) In addition to the purposes described in subsection (1), money in the fund shall be used to pay the costs of expediting a plan or to reimburse the cost described in section 8(4), for a county that has elected to expend or borrow money to expedite the implementation of the county's plan. (3) Of the money collected and remitted to the state treasurer for deposit in the fund under section 2567a of the revised judicature act of 1961, 1961 PA 236, MCL a, all of the following apply: (a) An annual grant to a county under subsection (1)(a) must be in an amount that is not less than 40% of the amount of money collected in that county under section 2567a of the revised judicature act of 1961, 1961 PA 236, MCL a, during the state fiscal year that began 2 years before the beginning of the state fiscal year in which the grant is made. (b) If the department initiates and contracts for the implementation of a county plan for a county under section 8(3), the department shall annually spend an amount that is not less than 40% of the amount of money collected in that county under section 2567a of the revised judicature act of 1961, 1961 PA 236, MCL a, during the state fiscal year that began 2 years before the beginning of the state fiscal year in which the expenditure is made, to implement that county plan. (c) An annual grant to a county under subsection (1)(c) must be in an amount that is not less than 20% of the amount of money collected in that county under section 2567a of the revised judicature act of 1961, 1961 PA 236, MCL a, during the state fiscal year that began 2 years before the beginning of the state fiscal year in which the grant is made. (d) If the department initiates and contracts for the implementation of a county plan for a county under section 8(3), the department shall annually spend an amount that is not less than 20% of the amount of money collected in that county under section 2567a of the revised judicature act of 1961, 1961 PA 236, MCL a, during the state fiscal year that began 2 years before the beginning of the state fiscal year in which the expenditure is made, for purposes described in section 8(2)(d). (4) In addition to the purposes described in subsections (1) and (2), any amount of money not greater than $500, that is appropriated by the legislature to pay the costs of the monumentation of the Michigan-Indiana state boundary line pursuant to the Michigan and Indiana state line monumentation act, 2010 PA 259, MCL to , shall be used by the department only for that purpose. History: 1990, Act 345, Eff. Jan. 1, 1991; Am. 1998, Act 5, Imd. Eff. Feb. 6, 1998; Am. 2002, Act 489, Imd. Eff. June 28, 2002; Am. 2010, Act 260, Eff. Dec. 22, 2010; Am. 2014, Act 166, Imd. Eff. June 12, Application for annual grant; form. Sec. 13. An application for an annual grant authorized under this act must be made on a form prescribed and furnished by the department. The department may require the applicant to provide any information reasonably necessary to allow the department to make a determination required by this act. History: 1990, Act 345, Eff. Jan. 1, 1991; Am. 2014, Act 166, Imd. Eff. June 12, Grant; conditions. Rendered Wednesday, February 4, 2015 Page 21 Michigan Compiled Laws Complete Through PA 492 of 2014 Legislative Council, State of Michigan Courtesy of

57 Sec. 14. (1) The department shall not make a grant under section 12(1)(a) unless all of the following conditions are met: (a) The applicant files an application for the grant on or before December 31 of the calendar year immediately preceding the year in which the grant is made. (b) The applicant demonstrates to the department the capability to carry out the county plan. (c) The applicant demonstrates to the department that it has not completed its monumentation and remonumentation plan described in section 8(2)(a). (2) The department shall make a grant under section 12(1)(c) if the applicant demonstrates to the department that it has completed its monumentation and remonumentation plan described in section 8(2)(a) or if the applicant voluntarily chooses to proceed to the program described in section 8(2)(d). History: 1990, Act 345, Eff. Jan. 1, 1991; Am. 2014, Act 166, Imd. Eff. June 12, Grant recipient to obtain authorization for significant change to plan; revocation or withholding of grant. Sec. 15. (1) A recipient of a grant made under section 12(1)(a), (b), or (d) shall obtain authorization from the department before implementing a change that significantly alters the approved grant. (2) The department may revoke a grant made by it under this act or withhold payment if the recipient of the grant fails to comply with the terms and conditions of the grant, or with requirements of this act or the rules promulgated under this act. (3) The department may withhold a grant until the department determines that the recipient is able to proceed with the implementation of the applicant's county plan. History: 1990, Act 345, Eff. Jan. 1, 1991; Am. 2014, Act 166, Imd. Eff. June 12, Records. Sec. 16. (1) The department, upon request, shall provide copies or certified copies of records in its possession to the public, other state agencies or officers, or local governmental agencies. The department may charge a reasonable fee for providing the records. (2) A certified copy of a record provided by the department is admissible in court as evidence, without further identification, if the substance of the record is properly admissible in the proceeding. History: 1990, Act 345, Eff. Jan. 1, 1991; Am. 2014, Act 166, Imd. Eff. June 12, Rules. Sec. 17. (1) The department shall promulgate rules pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL to , to implement this act. (2) In promulgating rules under this section, or in adopting a guideline related to the administration of this act, the department shall consult with and consider recommendations provided to it by the commission. (3) After the enactment of the amendatory act that added this subsection, the department shall promulgate rules to implement this act as amended by that amendatory act. Before the promulgation of rules under this subsection, the department may continue to administer this act under previously promulgated rules to the extent that the rules do not conflict with this act as amended by that amendatory act. History: 1990, Act 345, Eff. Jan. 1, 1991; Am. 2014, Act 166, Imd. Eff. June 12, a Contested case proceeding. Sec. 17a. If a county is aggrieved by a decision of the department that affects the county made under this act or the rules promulgated under this act, the county may contest the decision of the department as a contested case under the administrative procedures act of 1969, 1969 PA 306, MCL to History: Add. 2014, Act 166, Imd. Eff. June 12, Effective date. Sec. 18. This act shall take effect January 1, History: 1990, Act 345, Eff. Jan. 1, Conditional effective date. Sec. 19. This act shall not take effect unless Senate Bill No. 381 of the 85th Legislature is enacted into law. History: 1990, Act 345, Eff. Jan. 1, Compiler's note: Senate Bill No. 381, referred to in this section, was filed with the Secretary of State December 21, 1990, and became P.A. 1990, No. 346, Eff. Jan. 1, Rendered Wednesday, February 4, 2015 Page 22 Michigan Compiled Laws Complete Through PA 492 of 2014 Legislative Council, State of Michigan Courtesy of

58 ***** Act 259 of 2010 THIS ACT IS REPEALED BY ACT 363 OF 2014 EFFECTIVE JANUARY 1, 2018 ***** MICHIGAN AND INDIANA STATE LINE MONUMENTATION ACT Act 259 of 2010 AN ACT to provide for the recovery or replacement of durable monuments defining the Michigan-Indiana state boundary line; to create a commission; to provide for certain powers and duties of certain state officers and agencies; and to repeal acts and parts of acts. History: 2010, Act 259, Eff. May 22, Compiler's note: The conditions contained in MCL pertaining to the effectiveness of 2010 PA 259 were certified as satisfied by the director of the department of energy, labor, and economic growth on May 22, The People of the State of Michigan enact: ***** THIS SECTION IS REPEALED BY ACT 363 OF 2014 EFFECTIVE JANUARY 1, 2018 ***** Short title. Sec. 1. This act shall be known and may be cited as the "Michigan and Indiana state line monumentation act". History: 2010, Act 259, Eff. May 22, Compiler's note: The conditions contained in MCL pertaining to the effectiveness of 2010 PA 259 were certified as satisfied by the director of the department of energy, labor, and economic growth on May 22, ***** THIS SECTION IS REPEALED BY ACT 363 OF 2014 EFFECTIVE JANUARY 1, 2018 ***** Definitions. Sec. 3. As used in this act: (a) "Commission" means the Indiana-Michigan boundary line commission established in section 5. (b) "Department" means the department of energy, labor, and economic growth. (c) "Monument" means a relatively permanent physical marker that occupies the location of a milepost or intermediate alignment control point of the Indiana-Michigan state line as originally established by the federal survey of that line in History: 2010, Act 259, Eff. May 22, Compiler's note: The conditions contained in MCL pertaining to the effectiveness of 2010 PA 259 were certified as satisfied by the director of the department of energy, labor, and economic growth on May 22, ***** THIS SECTION IS REPEALED BY ACT 363 OF 2014 EFFECTIVE JANUARY 1, 2018 ***** Indiana-Michigan boundary line commission; establishment; membership; appointment; meetings; quorum; public meeting; writings subject to freedom of information act; compensation; duties. Sec. 5. (1) The Indiana-Michigan boundary line commission is established within the department. (2) The commission consists of 10 members, 5 from the state of Indiana and 5 from this state, who shall be known as state line commissioners. The 5 members from the state of Indiana shall be appointed under the laws of the state of Indiana. The 5 members from this state shall be appointed by the governor. Each member appointed by the governor shall be a professional surveyor licensed under article 20 of the occupational code, 1980 PA 299, MCL to The governor shall appoint 1 resident from each of the following counties: (a) Berrien. (b) Cass. (c) St. Joseph. (d) Branch. (e) Hillsdale. (3) At the first meeting of the commission, the commission shall elect from among its members a chairperson and other officers as it considers necessary or appropriate. After the first meeting, the commission shall meet at least quarterly, or more frequently at the call of the chairperson or if requested by 6 or more members. (4) A majority of the members of the commission appointed from this state and a majority of the members Rendered Wednesday, February 4, 2015 Page 23 Michigan Compiled Laws Complete Through PA 492 of 2014 Legislative Council, State of Michigan Courtesy of

59 of the commission appointed from the state of Indiana, together, constitute a quorum for the transaction of business at a meeting of the commission. A quorum of the members present and serving are required for official action of the commission. (5) The business that the commission may perform shall be conducted at a public meeting of the commission held in compliance with the open meetings act, 1976 PA 267, MCL to (6) A writing prepared, owned, used, in the possession of, or retained by the commission in the performance of an official function is subject to the freedom of information act, 1976 PA 442, MCL to (7) The members of the commission appointed from this state shall serve without compensation, but shall be reimbursed for necessary travel and other expenses pursuant to the standard travel regulations of the department of technology, management, and budget. (8) The commission shall do all of the following: (a) Administer a survey and remonumentation of the Indiana-Michigan border. (b) Recover or reestablish relatively permanent monuments at the mileposts of the Indiana-Michigan state line as established in the 1827 federal survey that defined that line. The commission also shall recover or reestablish relatively permanent monuments at the posts originally set at or near the shores of lakes and large rivers of the Indiana-Michigan state line as established in the 1827 federal survey that defined that line, or witness corners for set posts. The commission shall make periodic reviews of the contractors' progress in performing the work described in this subdivision and shall make a final review upon the installation of each monument. (c) Compile appropriate records and documents verifying the location of the monuments, and furnish those records and documents to the department. (d) Resolve any controversies regarding the location of monuments defining the Michigan-Indiana boundary. History: 2010, Act 259, Eff. May 22, Compiler's note: The conditions contained in MCL pertaining to the effectiveness of 2010 PA 259 were certified as satisfied by the director of the department of energy, labor, and economic growth on May 22, ***** THIS SECTION IS REPEALED BY ACT 363 OF 2014 EFFECTIVE JANUARY 1, 2018***** Filing and submission of certain documents. Sec. 7. For each milepost or the posts originally set at or near the shores of lakes or large rivers determined under this act, a Michigan land recordation certificate that provides appropriate references, and Michigan south zone state plane coordinates, shall be filed with the appropriate county register of deeds and a copy of those documents shall be submitted to the department. History: 2010, Act 259, Eff. May 22, Compiler's note: The conditions contained in MCL pertaining to the effectiveness of 2010 PA 259 were certified as satisfied by the director of the department of energy, labor, and economic growth on May 22, ***** THIS SECTION IS REPEALED BY ACT 363 OF 2014 EFFECTIVE JANUARY 1, 2018 ***** Professional surveying services; procurement; "qualification-based selection" defined. Sec. 9. (1) The commission, in consultation with the department, shall procure professional surveying services through negotiated contracts for purposes of this act. The commission, in consultation with the department, shall use a qualification-based selection method for awarding contracts and shall award contracts only to business entities incorporated or located in this state. (2) As used in subsection (1), "qualification-based selection" means a method of selecting professionals or firms to perform contractual work as follows: (a) The selection of professionals or firms who provide the service shall be based first upon the qualifications of the professionals or firms to perform the required work. (b) After the qualified design professionals or firms have been chosen by the commission, the department shall negotiate as to the cost of services. (c) If price negotiations cannot be satisfactorily completed with the highest-ranked professional or firm, these negotiations cease and negotiations begin with the professional or firm that is next most qualified to perform the required work, and so forth until a professional or firm is selected to perform the services. History: 2010, Act 259, Eff. May 22, Compiler's note: The conditions contained in MCL pertaining to the effectiveness of 2010 PA 259 were certified as satisfied by the director of the department of energy, labor, and economic growth on May 22, Rendered Wednesday, February 4, 2015 Page 24 Michigan Compiled Laws Complete Through PA 492 of 2014 Legislative Council, State of Michigan Courtesy of

60 ***** THIS SECTION IS REPEALED BY ACT 363 OF 2014 EFFECTIVE JANUARY 1, 2018 ***** Report. Sec. 11. Within 60 days after the completion of the duties of the commission under this act, the commission shall submit a written report to the secretary of the senate and the clerk of the house of representatives. The report shall summarize the work performed under this act and the activities of the commission. History: 2010, Act 259, Eff. May 22, Compiler's note: The conditions contained in MCL pertaining to the effectiveness of 2010 PA 259 were certified as satisfied by the director of the department of energy, labor, and economic growth on May 22, ***** THIS SECTION IS REPEALED BY ACT 363 OF 2014 EFFECTIVE JANUARY 1, 2018 ***** Effective date of act. Sec. 13. This act does not take effect unless the director of the department certifies in writing to the secretary of the senate and the speaker of the house of representatives that legislation similar to this act has been enacted into law by the state of Indiana and that the Indiana legislation does both of the following: (a) Enables the interstate cooperation necessary to effectuate this act. (b) Provides that the state of Indiana will share the responsibilities and costs of determining the Michigan-Indiana border in an equitable manner. History: 2010, Act 259, Eff. May 22, Compiler's note: The conditions contained in MCL pertaining to the effectiveness of 2010 PA 259 were certified as satisfied by the director of the department of energy, labor, and economic growth on May 22, ***** THIS SECTION IS REPEALED BY ACT 363 OF 2014 EFFECTIVE JANUARY 1, 2018 ***** Repeal of act. Sec. 15. This act is repealed effective January 1, History: 2010, Act 259, Eff. May 22, 2013; Am. 2014, Act 363, Imd. Eff. Dec. 16, Compiler's note: The conditions contained in MCL pertaining to the effectiveness of 2010 PA 259 were certified as satisfied by the director of the department of energy, labor, and economic growth on May 22, Rendered Wednesday, February 4, 2015 Page 25 Michigan Compiled Laws Complete Through PA 492 of 2014 Legislative Council, State of Michigan Courtesy of

61 Surveyor Liability Tab 3 Occupational Code (Excerpt) Act 299 of 1980 Copyright 2015, Plunkett Cooney Visit our website at

62 OCCUPATIONAL CODE (EXCERPT) Act 299 of 1980 ARTICLE Definitions. Sec As used in this article: (a) Architect means a person who, by reason of knowledge of mathematics, the physical sciences, and the principles of architectural design, acquired by professional education and practical experience, is qualified to engage in the practice of architecture. (b) Firm means a sole proprietorship, partnership, corporation, or limited liability company through which a person licensed under this article offers or provides a service to the public. (c) Person means a natural person notwithstanding section 105(5). (d) Person in responsible charge means a person licensed under this article who determines technical questions of design and policy; advises the client; supervises and is in responsible charge of the work of subordinates; is the person whose professional skill and judgment are embodied in the plans, designs, plats, surveys, and advice involved in the services; and who supervises the review of material and completed phases of construction. (e) Practice of architecture means professional services, such as consultation, investigation, evaluation, planning, design, or review of material and completed phases of work in construction, alteration, or repair in connection with a public or private structure, building, equipment, works, or project if the professional service requires the application of a principle of architecture or architectural design. (f) Practice of professional surveying means providing professional services such as consultation, investigation, testimony, evaluation, planning, mapping, assembling, and interpreting reliable scientific measurements and information relative to the location, size, shape, or physical features of the earth, improvements on the earth, the space above the earth, or any part of the earth, and the utilization and development of these facts and interpretations into an orderly survey map, plan, report, description, or project. The practice of professional surveying includes all of the following: (i) Land surveying that is the surveying of an area for its correct determination or description for its conveyance, or for the establishment or reestablishment of a land boundary and the designing or design coordination of the plotting of land and the subdivision of land. (ii) Geodetic surveying that includes surveying for determination of the size and shape of the earth both horizontally and vertically and the precise positioning of points on the earth utilizing angular and linear measurements through spatially oriented spherical geometry. (iii) Utilizing and managing land information systems through establishment of datums and local coordinate systems and points of reference. (iv) Engineering and architectural surveying for design and construction layout of infrastructure. (v) Cartographic surveying for making maps, including topographic and hydrographic mapping. (g) Practice of professional engineering means professional services, such as consultation, investigation, evaluation, planning, design, or review of material and completed phases of work in construction, alteration, or repair in connection with a public or private utility, structure, building, machine, equipment, process, work, or project, if the professional service requires the application of engineering principles or data. (h) Principal means a sole proprietor, partner, the president, vice-president, secretary, treasurer, or director of a corporation, or a member or manager of a limited liability company. (i) Professional engineer means a person who, by reason of knowledge of mathematics, the physical sciences, and the principles of engineering, acquired by professional education and practical experience, is qualified to engage in the practice of professional engineering. (j) Professional surveyor means a person who, by reason of knowledge of law, mathematics, physical sciences, and techniques of measuring acquired by professional education and practical experience, is qualified to engage in the practice of professional surveying. (k) Services means professional service offered or provided by an architect in the practice of architecture, a professional engineer in the practice of professional engineering, or a professional surveyor in the practice of professional surveying. History: 1980, Act 299, Imd. Eff. Oct. 21, 1980; Am. 1992, Act 103, Eff. Sept. 1, 1992; Am. 1997, Act 122, Imd. Eff. Nov. 3, 1997; Am. 1998, Act 218, Imd. Eff. July 1, Compiler's note: For transfer of powers and duties of certain occupational functions, boards, and commissions from the Department of Licensing and Regulation to the Department of Commerce, see E.R.O. No , compiled at MCL of the Michigan Compiled Laws. Rendered Wednesday, February 4, 2015 Page 1 Michigan Compiled Laws Complete Through PA 492 of 2014 Legislative Council, State of Michigan Courtesy of

63 Popular name: Act Boards of architects, professional engineers, and professional surveyors; creation; membership; terms; resignation, disability, or removal for cause. Sec (1) The boards of architects, of professional engineers, and of professional surveyors are created. (2) The board of architects consists of 5 architects, 1 professional engineer who is a member of the board of professional engineers, and 1 professional surveyor who is a member of the board of professional surveyors. Two members of the board shall represent the general public. (3) The board of professional engineers consists of 5 professional engineers, 1 architect who is a member of the board of architects, and 1 professional surveyor who is a member of the board of professional surveyors. Two members of the board shall represent the general public. (4) The board of professional surveyors consists of 5 professional surveyors, 1 professional engineer who is a member of the board of professional engineers, and 1 architect who is a member of the board of architects. Two members of the board shall represent the general public. (5) Of the initial members of the board of architects, the terms of 3 of the members, including 2 of the members who are licensed architects and 1 of the members representing the general public, shall be 4 years; the term of 1 of the members who is a licensed architect shall be 3 years; the term of 1 of the members who is a licensed architect shall be 2 years; and the terms of 2 of the members, including 1 of the members who is a licensed architect and 1 of the members of the general public, shall be 1 year. The term of the member who is a licensed professional engineer shall coincide with that member's term on the board of professional engineers. The term of the member who is a licensed professional surveyor shall coincide with that member's term on the board of professional surveyors. (6) Of the initial members of the board of professional engineers, the terms of 3 of the members, including 2 of the members who are licensed professional engineers and 1 of the members representing the general public, shall be 4 years; the term of 1 of the members who is a licensed professional engineer shall be 3 years; the term of 1 of the members who is a licensed professional engineer shall be 2 years; and the terms of 2 of the members, including 1 of the members who is a licensed professional engineer and 1 of the members of the general public shall be 1 year. The term of the member who is a licensed architect shall coincide with that member's term on the board of architects. The term of the member who is a licensed professional surveyor shall coincide with that member's term on the board of professional surveyors. (7) Of the initial members of the board of professional surveyors, the terms of 3 of the members, including 2 of the members who are licensed professional surveyors and 1 of the members representing the general public, shall be 4 years; the term of 1 of the members who is a licensed professional surveyor shall be 3 years; the term of 1 of the members who is a licensed professional surveyor shall be 2 years; and the terms of 2 of the members, including 1 of the members who is a licensed professional surveyor and 1 of the members of the general public, shall be 1 year. The term of the member who is a licensed professional engineer shall coincide with that member's term on the board of professional engineers. The term of the member who is a licensed architect shall coincide with that member's term on the board of architects. (8) A licensee who serves on more than 1 board created under this article, and who resigns, is disabled, or is removed for cause by the governor from the board under which he or she is licensed, shall no longer represent that board on any other board created under this article.. History: 1980, Act 299, Imd. Eff. Oct. 21, 1980; Am. 1981, Act 83, Imd. Eff. July 1, 1981; Am. 1992, Act 103, Eff. Sept. 1, 1992 Popular name: Act Joint meetings of boards. Sec A joint meeting of the boards created by this article shall be held at least once annually at a time and place determined by the department. Two or more of the boards created by this article may meet jointly at the call of the chairperson of a board created by this article. History: 1980, Act 299, Imd. Eff. Oct. 21, Popular name: Act Architect, professional engineer, and land surveyor; licensing requirements. Sec (1) In order to be licensed as an architect, an individual shall meet all of the following: (a) The requirements prescribed in section 2005(1). (b) Pass an examination which tests the applicant's qualifications to practice architecture or provide equivalent proof of qualification acceptable to the department and the board of architects. Rendered Wednesday, February 4, 2015 Page 2 Michigan Compiled Laws Complete Through PA 492 of 2014 Legislative Council, State of Michigan Courtesy of

64 (c) Be of good moral character. (d) Provide documentation of not less than 8 years of professional experience in architectural work satisfactory to the board, including not more than 6 years of education. (e) Provide not less than 5 references, 3 of which shall be references from licensed architects who have personal knowledge of the applicant's professional experience. (2) In order to be licensed as a professional engineer, an individual shall meet all of the following: (a) The requirements prescribed in section 2005(2). (b) Pass the engineering fundamentals and professional practice examinations or provide equivalent proof of qualification to practice professional engineering acceptable to the department and the board. (c) Be of good moral character. (3) In order to be licensed as a land surveyor, an individual shall meet all of the following: (a) The requirements prescribed in section 2005(3). (b) Pass the land surveying fundamentals and professional practice examinations or provide equivalent proof of qualification to practice land surveying acceptable to the department and the board. (c) Be of good moral character. History: 1980, Act 299, Imd. Eff. Oct. 21, 1980; Am. 1981, Act 83, Imd. Eff. July 1, 1981; Am. 1988, Act 463, Eff. Sept. 1, 1989 ; Am. 2009, Act 143, Imd. Eff. Nov. 10, Popular name: Act Architect, professional engineer, and professional surveyor; examination; requirements; frequency and results of examination; individual with mental or physical disability; completion of requirements for licensure. Sec (1) To be examined as an architect, an applicant shall provide evidence of completion of a first professional degree or further degree in architecture satisfactory to the board of architects. (2) In order to be examined as a professional engineer, an individual shall meet all of the following requirements for admission to the professional practice examination: (a) Provide documentation of not less than 8 years of professional experience in engineering work acceptable to the board of professional engineers, including not more than 6 years of education. (b) Provide evidence of completion of a baccalaureate degree in engineering from an accredited program or its equivalent, as determined by the board of professional engineers. (c) Provide not less than 5 references, 3 of which shall be from professional engineers who have personal knowledge of the applicant's professional experience. (3) In order to be examined as a professional surveyor, an individual shall meet all of the following requirements: (a) For admission to the professional surveying fundamentals examination, an applicant shall provide an affidavit stating that a degree acceptable to the board shall be completed not later than 6 months after the date of the examination. (b) For admission to the professional practice examination, an applicant shall provide all of the following: (i) Documentation of not less than 8 years of professional experience in professional surveying satisfactory to the board of professional surveyors, including not more than 5 years of education. (ii) Evidence of completion of a degree in professional surveying or a related degree with professional surveying courses acceptable to the board of professional surveyors. (iii) Not less than 5 references, 3 of which shall be from licensed professional surveyors who have personal knowledge of the applicant's professional experience. (4) The examination required by this article shall be given at least once a year. (5) An examinee shall be notified in writing of the examinee's results on each part of the examination. (6) Notwithstanding section 316(3), an individual with a mental or physical disability may be tested using special equipment, facilities, or assistance. However, the examination shall not be varied in form, content, or the format in which answers are submitted. (7) All requirements for licensure shall be completed within 10 years after receipt of the application by the department. If the requirements are not completed within the 10-year period, the application shall be void. History: 1980, Act 299, Imd. Eff. Oct. 21, 1980; Am. 1988, Act 463, Eff. Sept. 1, 1989; Am. 1992, Act 103, Eff. Sept. 1, 1992; Am. 1998, Act 90, Imd. Eff. May 13, 1998; Am. 2009, Act 143, Imd. Eff. Nov. 10, Popular name: Act Maintenance of court action; allegation and proof of licensure; failure to make restitution. Sec (1) A person, a qualifying officer, a licensee, or an agent for a licensee under this article shall Rendered Wednesday, February 4, 2015 Page 3 Michigan Compiled Laws Complete Through PA 492 of 2014 Legislative Council, State of Michigan Courtesy of

65 not bring or maintain an action in a court of this state for the collection of compensation for the performance of an act or contract for which licensure is required under this article without alleging and proving that the person, qualifying officer, licensee, or agent was licensed under this article during the performance of the act or contract. A person who has utilized the services of a person engaging in or attempting to engage in an occupation regulated under this article or using a title designated by this article without being licensed by the department may bring an action in a court of competent jurisdiction, or offer as a counterclaim to an action brought by an unlicensed person, for a refund of compensation after deducting the value of the goods or services retained by the person. (2) If the department suspends a license for failure to make restitution, in whole or in part, the restitution in the form of repair or remedial corrective work shall be performed by a person appropriately licensed under this article and shall be paid for by the licensee. History: Add. 2008, Act 319, Eff. Mar. 31, Compiler's note: Former MCL , which pertained to application for licensure, was repealed by Act 463 of 1988, Eff. Sept. 1, 1989 Popular name: Act Seal; signature. Sec (1) When he or she is licensed, a licensee shall obtain or adopt a seal, in a form authorized by the appropriate board, that bears the licensee's name and the legend indicating either "licensed architect", "licensed professional engineer", or "licensed professional surveyor". However, a seal that exists on September 1, 1992 and bears the legend "registered architect", "registered professional engineer", "registered land surveyor", or "licensed land surveyor" is acceptable if a seal is required under state law. (2) A licensee shall apply his or her seal and signature to a plan, specification, plat, or report that is issued by the licensee and filed with a public authority. If the license of the licensee named on a document has expired or is suspended or revoked, a person shall not apply the licensee's seal or signature to the document unless the license is renewed, reinstated, or reissued. (3) As used in this section and section 2008: (a) "Electronic seal" means a seal created by electronic or optical means and affixed electronically to a document or electronic document. (b) "Electronic signature" means a signature created by electronic or optical means and affixed electronically to a document or electronic document with intent to sign the document. (c) "Seal" includes an electronic seal. (d) "Signature" includes an electronic signature. History: 1980, Act 299, Imd. Eff. Oct. 21, 1980; Am. 1992, Act 103, Eff. Sept. 1, 1992; Am. 2013, Act 178, Eff. Feb. 25, Popular name: Act Sealing documents requiring governmental agency approval or record; projects involving overlapping of architecture and engineering professions; sealing documents not prepared by licensee prohibited. Sec (1) A plan, plat, drawing, map, and the title sheet of specifications, an addendum, bulletin, or report or, if a bound copy is submitted, the index sheets of a plan, specification, or report, if prepared by a licensee and required to be submitted to a governmental agency for approval or record, shall carry the embossed, printed, or electronic seal of the person in responsible charge. (2) If the overlapping of the professions of architecture and engineering is involved in a project, a licensed architect or licensed professional engineer who seals the plans, drawings, specifications, and reports may perform services in the field of the other practice if the services are incidental to the architectural or engineering project as a whole. (3) A licensee shall not seal a plan, drawing, map, plat, report, specification, or other document that is not prepared by the licensee or under the supervision of the licensee as the person in responsible charge. History: 1980, Act 299, Imd. Eff. Oct. 21, 1980; Am. 2013, Act 178, Eff. Feb. 25, Popular name: Act Renewal of license; continuing education. Sec (1) Beginning the license cycle after the effective date of the rules promulgated under subsection (2), a demonstration of the completion of a program of continuing education shall be required for renewal of a license issued under this article. (2) The department shall, by rule, establish a program of continuing education for all licensees under this article. Rendered Wednesday, February 4, 2015 Page 4 Michigan Compiled Laws Complete Through PA 492 of 2014 Legislative Council, State of Michigan Courtesy of

66 History: 1980, Act 299, Imd. Eff. Oct. 21, 1980; Am. 1988, Act 463, Eff. Sept. 1, 1989; Am. 2010, Act 324, Imd. Eff. Dec. 21, Popular name: Act Firm; practice of architecture, professional engineering, or professional surveying; approval of nonlicensed principal and principal's firm; report; person in responsible charge at each place of business; exception. Sec (1) A firm may engage in the practice of architecture, professional engineering, or professional surveying in this state, if not less than 2/3 of the principals of the firm are licensees. (2) However, a nonlicensed principal and the principal's firm shall apply for and receive an approval from the department to engage in the practice of architecture, professional engineering, or professional surveying, if the conduct of the firm and its principals comply with rules promulgated by the department. (3) Upon request by the department, a firm shall report to the department the names and addresses of its principals, persons in responsible charge, unlicensed principals, and any other information the department considers necessary. (4) A firm shall employ a person in responsible charge in the field of services offered at each place of business in this state where services are offered by the firm, except at a field office which provides only a review of construction. History: 1980, Act 299, Imd. Eff. Oct. 21, 1980; Am. 1992, Act 103, Eff. Sept. 1, Popular name: Act Construction of public work involving architecture or professional engineering; requirements; exception. Sec (1) Except as otherwise provided in subsection (2), the state or a county, city, township, village, school district, or other political subdivision of this state shall not engage in the construction of a public work involving the practice of architecture or professional engineering unless all of the following requirements are met: (a) The plans and specifications and estimates have been prepared by a licensed architect or licensed professional engineer. (b) The review of the materials used and completed phases of construction is made under the direct supervision of a licensed architect or licensed professional engineer. (c) Each survey of land on which the public work has been or is to be constructed is made under the supervision of a licensed professional surveyor. (2) This section does not apply to a public work for which the contemplated expenditure for the completed project is less than $15, History: 1980, Act 299, Imd. Eff. Oct. 21, 1980; Am. 1981, Act 83, Imd. Eff. July 1, 1981; Am. 1992, Act 103, Eff. Sept. 1, 1992 Popular name: Act Persons exempted. Sec (1) The following persons are exempt from the requirements of this article: (a) A professional engineer employed by a railroad or other interstate corporation, whose employment and practice is confined to the property of the corporation. (b) A designer of a manufactured product, if the manufacturer of the product assumes responsibility for the quality of the product. (c) An owner doing architectural, engineering, or surveying work upon or in connection with the construction of a building on the owner's property for the owner's own use to which employees and the public are not generally to have access. (d) A person not licensed under this article who is planning, designing, or directing the construction of a detached 1- and 2-family residence building not exceeding 3,500 square feet in calculated floor area. For purposes of this subdivision, detached 1- and 2-family residence building does not include an adult foster care home licensed under the adult foster care facility licensing act, 1979 PA 218, MCL to (e) A person who is licensed to engage in the practice of architecture, professional engineering, or professional surveying in another state while temporarily in this state to present a proposal for services. (2) As used in this section: (a) Calculated floor area means that portion of the total gross area measured to the outside surfaces of exterior walls intended to be habitable space. (b) Habitable space means space in a building used for living, sleeping, eating, or cooking. Habitable Rendered Wednesday, February 4, 2015 Page 5 Michigan Compiled Laws Complete Through PA 492 of 2014 Legislative Council, State of Michigan Courtesy of

67 space does not include a heater or utility room, a crawl space, a basement, an attic, a garage, an open porch, a balcony, a terrace, a court, a deck, a bathroom, a toilet room, a closet, a hallway, a storage space, and other similar spaces not used for living, sleeping, eating, or cooking. History: 1980, Act 299, Imd. Eff. Oct. 21, 1980; Am. 1992, Act 103, Eff. Sept. 1, 1992; Am. 2002, Act 495, Imd. Eff. July 3, Popular name: Act Issuing license to person holding certificate of qualification or registration of another state or national council; equivalency; temporary license prohibited; review of application of individual seeking relicensure or reinstatement. Sec (1) The department, upon application, shall issue a license to a person who holds an appropriate certificate of qualification or registration issued by proper authority of a board of registration examiners of another state or national council acceptable to the department and the board, if the requirements for the registration of architects, professional engineers, or professional surveyors under which the certificate of qualification or registration was issued are determined to be equivalent by the appropriate board. A board under this article shall not issue a temporary license as provided under section 213. (2) The appropriate board shall review the application of an individual who seeks relicensure or reinstatement 3 or more years after the expiration of the individual's most recent license if the individual does not meet the requirements for licensure in force at the time of application for relicensure or reinstatement. History: 1980, Act 299, Imd. Eff. Oct. 21, 1980; Am. 1981, Act 83, Imd. Eff. July 1, 1981; Am. 1988, Act 463, Eff. Sept. 1, 1989 ; Am. 1992, Act 103, Eff. Sept. 1, Popular name: Act Prohibited conduct; penalties. Sec A person is subject to the penalties set forth in article 6 who commits 1 of the following: (a) Uses the term architect, professional engineer, land surveyor, professional surveyor, or a similar term in connection with the person's name unless the person is licensed in the appropriate practice under this article. (b) Presents or attempts to use as the person's own the license or seal of another. (c) Attempts to use an expired, suspended, or revoked license. (d) Uses the words architecture, professional engineering, land surveying, professional surveying, or a similar term in a firm name without authorization by the appropriate board. (e) Submits to a public official of this state or a political subdivision of this state for approval, a permit or a plan for filing as a public record, a specification, a report, or a land survey that does not bear 1 or more seals of a licensee as required by this article. This subdivision does not apply to a public work costing less than $15, or a residential building containing not more than 3,500 square feet of calculated floor area. As used in this subdivision, calculated floor area means that term as defined in section 2012(2)(a). History: 1980, Act 299, Imd. Eff. Oct. 21, 1980; Am. 1981, Act 83, Imd. Eff. July 1, 1981; Am. 1992, Act 103, Imd. Eff. Sept. 1, 1992; Am. 2002, Act 495, Imd. Eff. July 3, Popular name: Act 229 Rendered Wednesday, February 4, 2015 Page 6 Michigan Compiled Laws Complete Through PA 492 of 2014 Legislative Council, State of Michigan Courtesy of

68 Surveyor Liability Tab 4 Introduction to Plunkett Cooney Open.FIRMADMIN.PD Copyright 2015, Plunkett Cooney Visit our website at

69 DETERMINED. DISTINCTIVE. FEARLESS. What Sets Us Apart Clients tell us that they consider Plunkett Cooney to be a unique law firm because they see us as determined, distinctive and fearless whenever we undertake an assignment on their behalf. Ours is among the most accomplished litigation and trial firms in the Midwest, and we have built a reputation as a leading provider of business and transactional services. Plunkett Cooney has a rich tradition of providing the very best in comprehensive legal representation. Our attorneys understand the importance of total client satisfaction, whether the call for our services takes us into the boardroom or the courtroom. It may sound cliché, but at Plunkett Cooney we care about our clients. We consider them to be not only our partners in business but a part of our family as well. Our attorneys will take the time to understand your business, industry and goals before offering important legal advice. They will provide aggressive representation in litigation, advising you when to settle or when to take your case to trial. Your calls will be returned promptly, your matters will be explained thoroughly and your assignments will be staffed appropriately, all with the goal of achieving the best possible legal result while keeping your bottom line in mind. 3

70 DETERMINED. DISTINCTIVE. FEARLESS. Firm Overview Established in 1913, Plunkett Cooney is one of the Midwest s oldest and most accomplished fullservice law firms. Headquartered in Detroit, Plunkett Cooney has grown up at the heart of the industrial Midwest and the automobile industry. With nine offices in Michigan and one each in Columbus, Ohio and Indianapolis, Indiana, Plunkett Cooney provides exceptional legal services to a diverse family of clients who are located across a wide geographic area. The firm employs approximately 300 people, including over 150 attorneys, many of whom are nationally recognized experts. Plunkett Cooney has achieved the highest rating (AV) awarded by Martindale-Hubbell, a leading, international directory of law firms. As one of the Midwest s premier law firms, Plunkett Cooney is a leader in the use of computer technology and the implementation of firmwide quality assurance initiatives. Creative fee structuring, cost-efficiency and an ever-growing and diverse client base are also keys to our firm s long history of success. But, above all, the people of Plunkett Cooney and their commitment to providing excellent legal services are what sets our firm apart from the competition. We strive daily to build lasting client relationships based on trust, integrity, quality and professionalism. 3

71 DETERMINED. DISTINCTIVE. FEARLESS. Geographic Coverage At Plunkett Cooney, we encourage our employees to live in the communities where we do business. Our attorneys are active members of local Chambers of Commerce and other organizations that provide support to counties, cities, townships and villages. By living and working in their communities, Plunkett Cooney attorneys are familiar with local municipal officials and court personnel. Our offices are located a short distance from most of the circuit courts that serve the 83 counties in Michigan. Plunkett Cooney covers the states of Michigan, Ohio and Indiana efficiently and cost-effectively. We have strategically placed our offices across the states. Each is linked electronically, allowing seamless transmission of work product among our offices and with our clients. Marquette Petoskey Grand Rapids East Lansing Kalamazoo Flint Bloomfield Hills Mt. Clemens Detroit Indianapolis Columbus 3

72 DETERMINED. DISTINCTIVE. FEARLESS. Substantive Areas of Practice Plunkett Cooney is a professional corporation. It is organized internally by groups (practice areas), providing the most efficient and cost-effective use of attorneys, support staff and technical resources. Your contact with Plunkett Cooney will have access to every practice area and will draw upon our full range of legal expertise in providing you service. Below is a partial list of the areas of law in which our attorneys specialize. The following pages contain descriptions of those practice groups we feel would be of interest to you. Administrative & Regulatory Law Alternative Dispute Resolution Antitrust and Unfair Competition Litigation Appellate Law Architects & Engineering Liability Aviation Law Banking, Bankruptcy & Creditors Rights Business & Commercial Litigation Business Enterprises Law Business Law Civil Rights Construction Law Consumer Litigation Corporate Compliance Corporate & Tax Law Criminal Law (White Collar) Directors & Officers Liability E-Business & Internet Law Education Law Environmental, Energy & Resources Law Estate Planning Fire Loss Claims Franchise Law Healthcare Law Insurance Law International Law Intellectual Property Litigation Labor & Employment Law Litigation Marine Liability Medical Liability Mergers & Acquisitions Motor Vehicle Negligence/No-Fault Municipal Law Nursing Home & Long-term Care Liability Pharmaceutical Liability Premises Liability Private Client Services Product Liability Professional Liability Real Estate Law Reorganization Retail Liability Surveyor Liability Title Insurance Toxic Torts Trucking & Transportation Law Unfair Competition Litigation Workers Compensation Law Zoning, Planning & Permitting 3

73 Surveyor Liability Like all professionals, land surveyors face a number of business challenges, including disputes that sometimes devolve into litigation and licensure actions. Plunkett Cooney attorneys have decades of experience defending surveyors and other professionals in all manner of malpractice claims and business litigation, as well as regulatory and other actions that impact professional licensure. Whether retained on a direct basis or appointed counsel through insurance coverage, such claims require an aggressive defense to ensure that the business interests and livelihoods of our clients are protected. Claims against surveyors often involve errors in setting forth legal descriptions, land usage restrictions, title and boundary disputes involving easements; driveway maintenance agreements; conveyances to transfer title; title searches for current ownership and encumbrances; variances; non-conforming use parcels; Michigan Land Division Act splits; plat vacations; determination of ownership; quiet title actions / determination of interests; verification of legal description through chain of title records; property assessments; and local property splits from parent parcels. Each of the above issues involves unique complexities that, if not properly addressed, could result in legal liability for your business. In addition to representing clients in litigation and licensure actions, the members of Plunkett Cooney s Title Insurance Practice Group provide advice and guidance to help complete the most challenging surveys correctly from a legal perspective. In addition, Plunkett Cooney attorneys respond to regulatory complaints and investigations involving their clients. When disputes threaten license suspension or possible revocation, our attorneys take immediate action to respond, and when necessary, they appear before regulatory boards to represent their clients interests in licensure hearings. With a multi-state practice, Plunkett Cooney attorneys are active members and sponsors of the Michigan, Indiana and Ohio Land Title associations, as well as the Michigan Society of Professional Surveyors.

74 Title Insurance Law Plunkett Cooney has an extensive practice in Michigan, Ohio and Indiana dedicated to serving the needs of title insurance underwriters and their insureds. The members of the firm's Title Insurance Practice Group focus their efforts on investigating and resolving title insurance issues and claims. Their practice includes real estate litigation, as well as advising clients on such issues as fraud, priority of interests, disputes regarding ownership, boundary lines, access, dower and other title matters. Our attorneys have additional expertise in the areas of construction lien disputes and litigation, including matters related to the Michigan Homeowners Construction Lien Recovery Fund and Ohio's and Indiana's Mechanic's Liens statutes, as well as bankruptcy litigation related to title insurance matters. The firm's practice also extends to title insurance coverage issues and disputes. Our attorneys assist with agent defalcations and provide defense services in related litigation. The firm is also one of the few in the Midwest with an appellate department experienced in title appeals. Plunkett Cooney's attorneys are active in a number of title insurance and industry organizations, including the American, Michigan, Ohio and Indiana Land Title associations. Clients, courts and industry organizations frequently call upon our attorneys to provide educational programs relating to title insurance, real estate, foreclosure and related topics. Plunkett Cooney attorneys in Ohio contribute to Baldwin's Ohio Real Estate Law, now in its Third Edition.

75 MICHELLE R. E. DONOVAN Senior Attorney Woodward Ave. Suite 2000 Bloomfield Hills MI TEL: (248) FAX: (248) A senior attorney in the Plunkett Cooney s Bloomfield Hills office and Title Insurance Practice Group, Michelle R. E. Donovan focuses her practice in the areas of title insurance and real estate law. Her practice focuses on claim related issues, investigations and litigation. Ms. Donovan has additional experience in the foreclosure of mortgages and probate estate matters. She is also a licensed title insurance agent. Representative Client Work Areas of Practice Real Estate Law Surveyor Liability Title Insurance Law Honors & Awards Moot Court, Best Brief Award Metropolitan Who s Who Registry Education Thomas M. Cooley Law School, J.D., 1999 University of Detroit, B.A., 1991 Bar & Court Admissions Michigan, 2000 U.S. District Court, Eastern District of Michigan, 2005 U.S. Supreme Court, 2008 Extensive knowledge of title insurance with more than 18 years of experience working in the industry; providing insight into problem solving and achieving the optimal result for clients Prior employment included over five years of experience in all aspects of mortgage foreclosures. Represents owners and lenders in construction lien foreclosure litigation Represents banks and lenders in real estate litigation Represents banks and lenders in fraud and related litigation Expertise in various aspects of complex litigation, including multiple count complaints, cross claims and third party claims Professional Affiliations State Bar of Michigan ( Real Property Section) Macomb County Bar Association

76 Michigan Land Title Association (Member, Legislative Committee) Michigan Society of Professional Surveyors Certifications Licensed title insurance agent Publications & Lectures Lecturer, Understanding Foreclosure, Macomb County Community College Continuing Education classes Lecturer, Understanding Foreclosure, various Title Insurance Companies Lecturer, Legal Descriptions, various Title Insurance Companies "Curing Title Through Foreclosure" Seminar, Lecturer, Lorman Educational Services, 2008 "Title Examination In Michigan" Seminar, Moderator, Lorman Educational Services, March 12, 2008 Realtors Law, Michigan Society of Professional Surveyors seminar, Fenton, Michigan, Sept. 25, 2012 "Snap Shot of a Civil Trial" and "The Court System" Lecturer, Michigan Society of Professional Surveyors, Feb. 22, 2013 Community Involvement Thomas M. Cooley Law School Alumni Association (Past President; Past Executive Board Vice President; Past Special Events Committee Member) Thomas M. Cooley Law School, Member, Service to Soldiers, Legal Assistance Pro Bono Program St. Mary Queen of Creation (Past Parish Council Member; Vocation Committee Member; Marriage Class Lecturer) Thomas M. Cooley Law School, Field Supervisor, Student Externship Program Academic Positions Thomas M. Cooley Law School, Adjunct Professor

77 MARK A. NASR Associate Woodward Ave. Suite 2000 Bloomfield Hills MI TEL: (248) FAX: (248) An attorney in the firm s Bloomfield Hills office, Mark A. Nasr concentrates his practice in the areas of construction law and intellectual property. Mr. Nasr represents architectural and engineering design firms, construction managers, general contractors, subcontractors, owners and developers in all construction matters both directly and through insurance carriers. He also represents product manufacturers and suppliers in product liability litigation. Mr. Nasr's intellectual property practice includes the defense of clients in trademark and copyright infringement matters in both federal and state court. He also works directly with clients to protect their intellectual property assets, including application for and maintenance of trademarks, service marks and copyrights. Representative Client Work Obtained summary dismissal on behalf of long time client in $13 million claim arising out of commercial lease dispute Obtained summary dismissal on behalf of design professionals, general contractors and subcontractors pursuant to the statute of limitations and statute of repose Successfully represented general contractors and subcontractors in complex, multiparty property loss and personal injury actions Successfully drafted summary disposition motion on behalf of general contractor based upon retained control doctrine and the common work area doctrine Areas of Practice Architect & Engineer Liability Construction Law Contractors Legal Issues Intellectual Property Product Liability Honors & Awards UDM School of Law Dean s Presidential Scholarship, WSU Outstanding Graduate Honor David Mackenzie Honor Society, 2007 Valedictorian of Civil Engineering Department, Winter 2007 WSU College of Engineering, Dean s Scholarship, Education University of Detroit Mercy School of Law, J.D., 2010 Wayne State University, Cum Laude, M.S., 2007 Wayne State University, Magna Cum Laude, B.S., 2007 Bar & Court Admissions Michigan, 2010 U.S. District Court, Eastern District of Michigan, 2010 U.S. District Court, Western District of Michigan, 2011 U.S. Patent and Trademark Office, 2013