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House Bill 1004
Moderator(s): Ginger W. Jones
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5/25/2016 at 5:56:32 PM GMT
Posts: 5
House Bill 1004

House Bill 1004 

If I read this correctly, we cannot record a boundary/retracement survey of an existing platted lot without having some municipal authority review it to say that it does not need to be reviewed. We have to put their name and date on the plat saying they looked at it and they certified that it does not have to be reviewed. Am I correct about this or am I reading it incorrectly? If I have got it wrong, please point me in the right direction.

I can remember the struggle it took to get to the point that we finally got the Clerks to accept a plat of an existing lot or parcel without having to have municipal approval. To be clear here, I'm not talking about a division of property or moving lot lines or combining lots together. I'm talking about a simple survey of an existing platted lot.

We need to talk about this.

Dale Yawn


10/14/2016 at 12:41:20 PM GMT
Posts: 2
Ginger has put a link to the proposed replacement legislation on the SAMSOG home page. This is the draft that will be presented to Rep. Jasperse to submit at the start of the new session. We have support from the Association of County Commissioners, The Association that represents the cities, the Clerk's Cooperative, and unanimous support from the State Board of Engineers and Surveyors.

I would like to thank all members that spent a tremendous amount of time on this draft legislation.

For those who have not kept themselves familiar with the situation. The State Board and the State Attorney General have gone on record that they will not enforce the provisions of HB 1004 when it becomes law on January 1, 2017. There are several provisions that we can comply with and should comply with if not now then after 1/1/17. For instance the 3 inch square blank space at the upper left hand corner of all drawings so the clerk can/could insert the recording information in the same place by all counties - I deal with such stupid municipalities - I will probably note on any drawings specifically prepared for recording by drawing the box and putting a note underneath as reserved for the exclusive use of the Clerk of the Superior Court - or the county will put a stamp in it.

I will try to get a position paper approved by the committee appointed by Phillip Roberts on what provisions of HB 1004 that we need to be in compliance with after 1/1/17 until we can get the new legislation passed.

In response to the original post that was placed months prior to all that has occurred with the replacement legislation, Certification # 3 in the proposed draft legislation will be on most of your regular plats of survey of normal every day survey work. This gives your client the right to record the drawing should he desire. For those of you still pondering this, there is only one class of survey and we must be in compliance with the "Plat Act" even if it is not the surveyor's intent to have the drawing recorded in the Clerk's office.

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