CHAPTER 231

(HB 1178)

Recorded plats errors or omissions, procedure to correct.

         ENTITLED, An Act to  provide a means to correct errors or omissions made to recorded plats.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  If any typographical error or omission of data is detected on a recorded plat, the original land surveyor shall record an affidavit confirming the error or omission. If the original land surveyor is deceased, is not licensed as a land surveyor pursuant to chapter 36-18A, or cannot be located, two licensed land surveyors may record an affidavit confirming the error or omission. The surveyor or surveyors shall file an affidavit describing the nature and extent of the error or omission and the correction or addition to the recorded plat. The surveyor or surveyors shall also note the document reference number or recording information of the recorded plat on the affidavit. The register of deeds shall stamp on the plat of record, the word, corrected, and note the document reference number or recording information on the recorded affidavit. A copy of the recorded affidavit shall be filed with the director of equalization and shall be mailed by the surveyor or surveyors to any owner of record. No affidavit of correction may be used to change or modify the plotted or recorded property lines as originally monumented. This affidavit of correction does not require prior approval by any governing body.

     Signed February 23, 2005

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