19-1423.   Procedure to establish corners and boundaries; notice, costs.Whenever the owner or owners of one or more tracts of landshall desire to permanently establish the corners and boundaries thereof,such owner or owners shall notify the countysurveyor to make a survey thereof andestablish such corners and boundaries, and shall furnish to thecounty surveyor the name or names and address or addresses ofall persons residing in the county and elsewhere, so far asknown, who may be affected by such survey. The county surveyor shall causea notice in writing to be served on each person who may be affected by thesurvey, or their agent or agents residing in such county, stating the timewhen the surveyor will begin the survey, and the lines or cornersto be established,which notice shall be delivered to the person or left at theirusual place ofresidence, at least six days prior to the day set for the survey.

      Upon the landowners who may be affected by the survey, and who do notreside in the county, notice may be served by publication in a newspaperpublished in the county, if there is one, once in each week for threeconsecutive weeks, the last publication to be made at least three daysprior to the day set for beginning the survey, and in case no newspaper ispublished in the county, then in some newspaper published in thestate which has general circulation in the county, or suchnotice may be served bymailing, by registered mail, postage prepaid, with return receiptrequested, addressed to such person at their usualplace of residence withproper post-office address. In all cases where all the landownersinterested shall consent in writing, the county surveyor may, at such timeas may be agreed upon, proceed to establish such corners and boundarieswithout serving notice as required by this section.Proof of service of notice as hereinprovided shall be made and entered of record in the office of the countysurveyor.

      All costs incurred by the county surveyor in conducting such survey andproceedings for establishing the corners and boundaries of any tract ortracts of land requested by the owner of such property shall be paid bythe party or parties requesting such survey. All costs incurred by the countysurveyor in conducting surveys and proceedings for establishing the cornersand boundaries of tracts of land which are authorized and directed by theboard of county commissioners shall be paid from funds of the county availablefor such purpose.

      History:   L. 1891, ch. 89, § 7; R.S. 1923, 19-1423; L. 1961, ch.136, § 5;L. 1986, ch. 103, § 1; July 1.