HOUSE BILL NO. 154
INTRODUCED BY D. MCGEE
AN ACT REVISING THE ACCURACY REQUIREMENTS FOR RECORDING STATE PLANE COORDINATES OF LAND BOUNDARIES IN THE PUBLIC RECORD; AND AMENDING SECTION 70-22-206, MCA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 70-22-206, MCA, is amended to read:
"70-22-206. Conformity to standards required for use of coordinates in recorded instrument. No coordinates
Coordinates based on the Montana coordinate systems NAD 27 and system NAD 83 purporting to define the position of a
point on a land boundary shall may not be presented to be recorded in any public land records or deed records unless the
coordinates have been established in conformity with the national prescribed standards for third-order class II horizontal
control surveys and provided that these surveys have been tied to or originated from monumented first- first-order or
second-order higher accuracy horizontal control stations points that are adjusted to and published in as part of the national
network of geodetic control spatial reference system and are within 3 miles of said land boundaries. Standards of accuracy
and specifications apply for first-, second-, and third-order geodetic surveying as prepared and published by the federal
geodetic control committee (FGCC) of the United States department of commerce or its successors. Publication of the
existing control stations or acceptance with intent to publish newly established control stations by the national ocean
survey/national geodetic survey constitutes evidence of adherence to FGCC specifications. Public land or deed records
presented for recording that purport to define the position of a point on a land boundary based on coordinates from the
Montana coordinate system NAD 83 must contain a statement that identifies the first-order or higher accuracy control
stations used in the survey, the specific NAD 83 datum adjustment tag of the coordinates used, and the type of equipment
and methods used to perform the survey."
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