Land Surveyors Regulation Act

81-8,108.
LAND SURVEYING; DECLARATION OF POLICY; PROHIBITED ACTS.

In order to safeguard life, health, and property, any person practicing or offering to practice land surveying in this state shall submit evidence that he or she is qualified to practice and shall be licensed as provided in the Land Surveyors Regulation Act. It shall be unlawful for any person to practice or to offer to practice land surveying in this state unless such person has been duly licensed under the act.

81-8,108.01.
LAND SURVEYORS REGULATION ACT; ACT, HOW CITED.

Sections 81-8,108 to 81-8,127 shall be known and may be cited as the Land Surveyors Regulation Act.

81-8,109.
LAND SURVEYING; DEFINITIONS.

For purposes of the Land Surveyors Regulation Act, unless the context otherwise requires:

1. Board or examining board means the State Board of Examiners for Land Surveyors;
2. Land surveying means the establishment or reestablishment of corners and boundaries and the location of lots, parcels, tracts, or divisions of land, which may include distance, direction, elevation, and acreage, and the correct determination and description of lots, parcels, tracts, or divisions of land for, but not limited to, any of the following purposes:
1. To furnish a legal description of any tract of land to be used in the preparation of deeds of conveyance when the description is not the same as the one in the deed of conveyance to the current owner or when bearings, distances, or measurements are needed to properly describe the tract being conveyed;
2. To furnish a legal description of any land surveyed to be used in the platting or subdividing of the land;
3. To determine the amount of acreage contained in any land surveyed;
4. To furnish a topographic plat of a lot, parcel, tract, or division of land and locating natural and artificial features in the air, on the surface or subsurface of the earth, and on the beds or surface of bodies of water for the purpose of establishing the facts of size, area, shape, topography, and orientation of improved or unimproved real property and appurtenances to the real property;
5. To conduct a control survey; or
6. To provide improvement location reports;
3. Land surveyor means a person who engages in the practice of land surveying;
4. Professional land surveyor means a land surveyor who is licensed by the board to engage in the professional practice of land surveying in Nebraska; and
5. Surveyor-in-training means a person (a) who is a graduate in an approved surveying or engineering curriculum of four years or more or who has had four or more years of experience in surveying work of a character satisfactory to the examining board and (b) who has successfully passed the examination in the fundamental surveying subjects and has received from the examining board a certificate stating that that portion of the examination has been successfully passed. The fee for such certificate and for the renewal of such certificate shall be set by the examining board.

81-8,110.
Land surveying; examining board; duties.

1. An examining board shall be established for the purpose of administering the Land Surveyors Regulation Act. The examining board shall be independent of all other examining boards.
2. The board shall enforce the Land Surveyors Regulation Act and the rules and regulations adopted and promulgated pursuant to the act. If any person violates the act, any rule or regulation under the act, or any decision or order of the board, upon the request of the board the Attorney General or the appropriate county attorney shall file an action for the enforcement of the act, rule or regulation, or decision or order and for injunctive relief, if appropriate, in the district court.

81-8,110.01.
EXAMINING BOARD; MEMBERS; TERMS; QUALIFICATIONS; REMOVAL; VACANCIES.

1. The examining board shall consist of four members appointed by the Governor who are duly licensed under the Land Surveyors Regulation Act to practice land surveying and one lay member appointed by the Governor who is of the age of legal majority and has been a resident of Nebraska for at least one year immediately prior to appointment to the examining board. Such lay member shall be a representative of consumer viewpoints.
2. The members of the examining board shall be appointed to five-year terms. Each member shall serve until the appointment and qualification of his or her successor. Each member appointed to the examining board shall receive a certificate of appointment from the Governor. Each member so appointed, prior to beginning his or her term, shall file with the Secretary of State the constitutional oath of office. The Governor may remove any member of the examining board for misconduct, incompetency, incapacity, or neglect of duty or upon conviction of a crime involving moral turpitude. Vacancies on the examining board, however created, shall be filled for the unexpired term of the member by appointment by the Governor.

81-8,110.02.
EXAMINING BOARD; MEMBERS; RESIDENCE; QUALIFICATIONS.

Each member of the examining board who is a professional land surveyor shall be a resident of the State of Nebraska for at least one year immediately preceding his or her appointment to the examining board, shall have been engaged in the active practice of the discipline for at least ten years, and shall have been in responsible charge of work for at least five years prior to his or her appointment to the examining board.

81-8,110.03.
STATE SURVEYOR; EX OFFICIO SECRETARY OF EXAMINING BOARD.

The State Surveyor shall be ex officio secretary of the examining board and of all committees appointed by the examining board.

81-8,110.04.
EXAMINING BOARD; MEETINGS.

The examining board shall hold as many meetings throughout each year as may be necessary to conduct the business of the examining board and to examine, within a reasonable time, the applicants seeking licensure. An annual meeting of the examining board shall be held for the election of officers.

81-8,110.05.
EXAMINING BOARD; MEETINGS; NOTICE.

Notice of all meetings, including the annual meeting of the examining board, shall be in such manner as provided in the bylaws of the examining board.

81-8,110.06.
EXAMINING BOARD; OFFICERS; ELECTION; DUTIES.

The examining board shall elect from its membership at its annual meeting, officers for the coming year. The officers shall be a chairperson and a vice-chairperson. The duties of the chairperson shall be to preside at all meetings of the examining board. The vice-chairperson shall preside in the absence of the chairperson and shall, with the other officers, fulfill such other duties and obligations as provided in section 81-8,110.07 and the bylaws.

81-8,110.07.
EXAMINING BOARD; SECRETARY; DUTIES; LAND SURVEYOR EXAMINER'S FUND; CREATED; PURPOSE; INVESTMENT.

The secretary of the examining board shall receive and account for all money derived from the operation of the Land Surveyors Regulation Act and shall remit it to the State Treasurer for credit to the Land Surveyor Examiner's Fund, which fund is hereby created. This fund shall be continued from year to year. When appropriated by the Legislature, this fund shall be expended only for the purposes of the Land Surveyors Regulation Act. When not reappropriated for the succeeding biennium, the money in this fund shall not revert to the General Fund. The fund shall be paid out only upon vouchers approved by the examining board and upon warrants issued by the Director of Administrative Services and countersigned by the State Treasurer. The expenditures of the examining board shall be kept within the income collected and remitted to the State Treasurer by the examining board. Transfers may be made from the fund to the General Fund at the direction of the Legislature. Any money in the Land Surveyor Examiner's Fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

81-8,110.08.
EXAMINING BOARD; RULES AND REGULATIONS; PUBLICATION.

The examining board shall make and adopt all bylaws and rules, not inconsistent with law, which are needed in performing its duties. Such rules shall be published in the roster of professional land surveyors as provided for in section 81-8,113.

81-8,110.11.
EXAMINING BOARD; MEMBERS; EXPENSES.

Each member of the examining board shall receive, when authorized, all necessary travel, meals, and lodging expenses incidental to the performance of his or her official duties or while attending national meetings or seminars as the official representative of the examining board as provided in sections 81-1174 to 81-1177 for state employees.

81-8,110.12.
EXAMINING BOARD; SEAL; ADOPT.

The examining board shall adopt and have an official seal, which shall be affixed to all licenses and in-training certificates that are granted by the examining board. The dimensions of the seal shall be as provided in the bylaws.

81-8,110.13.
Examining board; license; issuance; replacement license, when; fee.

The examining board may issue a license or an in-training certificate to a qualified person. A new license may be issued to replace a lost, destroyed, stolen, or mutilated license, subject to the rules and regulations adopted by the examining board. A fee not to exceed fifty dollars shall be charged the applicant for the issuance of a replacement license.

81-8,110.14.
Examining board; record of proceedings and applications for licensure; confidential.

The examining board shall keep a record of its proceedings and a record of all applications for licensure. The information and data retained by the examining board in its files for individual applicants shall be considered confidential records and shall not be disclosed to any applicant or the public for any reason.

81-8,110.15.
EXAMINING BOARD; SUE AND BE SUED; LIABILITY OF MEMBERS.

The examining board may sue or be sued as the examining board, and its members need not be named as parties. Members of the examining board shall not be personally liable, jointly or severally, for any act or acts committed in the performance of their official duties as examining board members, nor shall any examining board member be personally liable for any hearing costs or court costs which may accrue in any action by or against the examining board.

81-8,111.
CODE OF PRACTICE; CONTENTS; BOARD; POWERS.

1. The Legislature hereby finds and declares that a code of practice established by the board by which professional land surveyors could govern their professional conduct would be beneficial to the state and would safeguard the life, health, and property of the citizens of this state. The code of practice shall include provisions on:
1. Professional competence;
2. Conflict of interest;
3. Full disclosure of financial interest;
4. Full disclosure of matters affecting public safety, health, and welfare;
5. Compliance with laws;
6. Professional conduct and good character standards; and
7. Practice of land surveying.
2. The board may adopt and promulgate rules and regulations to establish a code of practice.
3. The board may publish commentaries regarding the code of practice. The commentaries shall explain the meaning of interpretations given to the code by the board.

81-8,113.
Examining board; record of proceedings; roster of professional land surveyors.

The examining board shall keep a complete record of all its proceedings which, together with all other records and files of the examining board, shall be filed in the office of the State Surveyor. A roster showing the names and places of business of all professional land surveyors shall be prepared by the secretary of the examining board each year. Copies of this roster shall be sent to all professional land surveyors and shall be furnished to the public on request.

81-8,114.
Land surveying; application for licensure.

Applications for licensure shall be on forms prescribed and furnished by the examining board and shall be filed with the secretary of the examining board. Such applications shall contain a statement, made under oath, showing the applicant's education and detailed summary of his or her technical work, the applicant's social security number, and such other information as the examining board shall require.

81-8,115.
LAND SURVEYING; EXAMINATION OF APPLICANTS.

The applicant for licensure must pass an examination administered by the examining board which covers generally the matters confronting land surveyors as provided in the rules and bylaws.

81-8,117.
Land surveying; eligibility for licensure; requirements.

1. No person shall be eligible for a license unless:
1. He or she has successfully passed an examination, designed to determine his or her proficiency and qualification to engage in the professional practice of land surveying. No applicant shall be entitled to take such examination until he or she shows the necessary practical experience in land surveying work; and
2. He or she (i) has not less than six years of surveying experience of which five years must be as defined in subdivision (2) of section 81-8,109, and three of such five years must have been in a responsible position as a subordinate to a professional land surveyor, or (ii) has graduated, after a course of not less than four years in surveying, engineering, or other approved curriculum, with proportionate credit for lesser time, from a school or college approved by the examining board as of satisfactory standing and has an additional two years of practice in a responsible position.
2. For purposes of this section, responsible position means a position that requires initiative, skill, and independent judgment and does not include the position of chainman, rodman, instrument person, ordinary drafter, or other position performing routine work.

81-8,118.
Land surveying; application and license fees; examination fee; failure to pay fees, effect.

1. To pay the expense of the operation and enforcement of the Land Surveyors Regulation Act, the examining board shall establish application and license fees. Total application and license fees shall not exceed two hundred dollars and shall be in addition to the examination fee which shall be set to recover the costs of the examination and its administration. The board may direct applicants to pay the examination fee directly to a third party who has contracted to administer the examination. At the time the application for a license is submitted the board shall collect from the applicant a nonrefundable application fee. If the applicant successfully qualifies by examination, he or she shall be licensed until April 1 of the immediately following odd-numbered year upon payment of a license fee as set forth in the rules or regulations. After the issuance of a license, a biennial fee of not less than five nor more than one hundred fifty dollars, as the examining board shall direct, shall be due and payable on or before January 1 of each odd-numbered year. Failure to remit biennial fees when due shall automatically cancel the license effective the immediately following April 1, but otherwise the license shall remain in full force and effect continuously from the date of issuance, unless suspended or revoked by the examining board for just cause. A license which has been canceled for failure to pay the biennial fee when due may be reinstated within one year, but the biennial fee shall be increased ten percent for each month or fraction of a month that payment is delayed. Nothing in this section shall prevent the examining board from suspending or revoking any license for just cause.
2. Any person holding a certificate of registration under the Land Surveyors Regulation Act as of September 1, 2024, shall be deemed to be duly licensed under the act until the expiration of such certificate.

81-8,119.01
License; renewal; professional development requirements; inactive status.

1. As a condition for renewal of a license issued pursuant to the Land Surveyors Regulation Act, a licensee who has previously renewed his or her license shall be required to successfully complete thirty hours of professional development within the preceding two calendar years. Any licensee who completes in excess of thirty hours of professional development within the preceding two calendar years may have the excess, not to exceed fifteen hours, applied to the requirement for the next biennium.
2. The examining board shall not renew the license of any licensee who has failed to complete the professional development requirements pursuant to subsection (1) of this section, unless he or she can show good cause why he or she was unable to comply with such requirements. If the examining board determines that good cause was shown, the examining board shall permit the professional land surveyor to make up all outstanding required hours of professional development.
3. A licensee may at any time prior to the termination of his or her license request to be classified as inactive. Such inactive licenses may be maintained by payment of a biennial fee of not less than five nor more than fifty dollars as determined by the examining board. Holders of inactive licenses shall not be required to complete professional development as required in subsection (1) of this section. Holders of inactive licenses shall not practice land surveying. If the examining board determines that an inactive licensee has actively practiced land surveying, the examining board may immediately revoke his or her license.
4. A holder of an inactive license may return his or her license to an active license to practice land surveying by the applicant electing to either:
1. Complete one and one-half the biennial requirement for professional development. Such requirement shall be satisfied as set forth in the rules or bylaws; or
2. Take such examination as the examining board deems necessary to determine his or her qualifications. Such examination shall cover areas designed to demonstrate the applicant's proficiency in current methods of land surveying practice.

Additionally he or she shall pay the biennial fee as required in section 81-8,118.

81-8,119.02.
PROFESSIONAL DEVELOPMENT PROGRAMS; RULES AND REGULATIONS.

The examining board shall adopt and promulgate such administrative procedures and rules and regulations as are necessary for the effective delivery and certification of all programs of professional development required in section 81-8,119.01.

81-8,120.
Land surveying; nonresident; license; fee; service of process.

A nonresident of this state who is licensed as a professional land surveyor in another state may be licensed under the Land Surveyors Regulation Act by filing an application with the secretary of the examining board and making payment to the examining board of a fee in the sum of not less than twenty-five dollars and not more than one hundred fifty dollars as set forth in the rules or bylaws. The applicant shall be required to take such examinations as the examining board deems necessary to determine his or her qualifications, but in any event he or she shall be required to pass an examination of not less than four hours' duration which shall include questions on laws, procedures, and practices pertaining to the practice of land surveying in this state. Before a nonresident of this state is licensed under the Land Surveyors Regulation Act, he or she shall first file a written consent that actions and suits at law may be commenced against him or her in any county of this state in which any cause of action may arise because of any survey commenced or conducted by such nonresident surveyor or his or her agent or employees in such county.

81-8,121.
LAND SURVEYING; REGISTERED LAND SURVEYOR; RIGHTS AND PRIVILEGES; SEAL.

The issuance of a license by the examining board shall be evidence that the person named therein is entitled to all rights and privileges of a professional land surveyor and that the recipient thereof is admitted to the practice of land surveying in this state while the license remains unsuspended, unrevoked, or unexpired. The examining board shall provide for each person licensed a seal bearing the licensee's name and the legend Professional Land Surveyor. Plats, reports, and field notes issued by a professional land surveyor may be stamped with his or her seal or a facsimile thereof which is approved by the examining board during the life of his or her license. It shall be unlawful for anyone to stamp or seal any documents with a seal or facsimile thereof after the license of the licensee named thereon has been suspended or revoked or has expired.

81-8,121.01.
Land surveying; entry upon land; authorized; liability for damages.

1. A professional land surveyor, any person assisting a professional land surveyor, or a surveyor-in-training may:
1. Enter public or private lands or waterways in this state, except for buildings, for the purpose of making a land survey;
2. Investigate, recover, establish, reestablish, rehabilitate, perpetuate, or use evidence of a boundary location;
3. Locate, relocate, use, install, perpetuate, or replace a survey monument; and
4. Use any equipment that is required for the purpose of making a land survey.
2. A vehicle used for land surveying shall be marked on the exterior with the name of the professional land surveyor or the firm which employs such professional land surveyor.
3. Any professional land surveyor, person assisting a professional land surveyor, or surveyor-in-training who enters onto private property shall be liable for any actual damages done to such property by such professional land surveyor, person assisting such professional land surveyor, or surveyor-in-training, including damages done to crops. By such entry he or she shall forfeit any and all claims against the owner or tenant of the private property for damages or injury done to his or her person or equipment while on the private property, unless such damages or injuries are caused by the intentional conduct of such owner or tenant.

81-8,121.02.
Land surveying; organizational practice; certificate of authorization; application; fee; renewal.

1. An individual licensed under the Land Surveyors Regulation Act may practice or offer to practice the profession of land surveying through an organization if the criteria for organizational practice established by the board are met and the organization has been issued a certificate of authorization by the board.
2. An organization applying for a certificate of authorization shall designate at least one professional land surveyor as the person in responsible charge of any practice of land surveying by the organization. One who renders only occasional professional services for an organization may not be designated as being in responsible charge of the professional activities of an organization under this section.
3. To obtain a certificate of authorization, an application shall be filed with the board. The application shall contain the name and license number of each individual designated as in responsible charge and licensed to practice land surveying in Nebraska.
4. Applications for a certificate of authorization shall be made on a form prescribed and furnished by the board.
5. The certificate of authorization fee for organizations shall be established by the board and shall accompany the application. The fee shall not exceed three hundred dollars for the initial application.
6. An organization shall notify the board of any changes in the status of any individual designated as in responsible charge within thirty days after the effective date of the change.
7. An organization is not relieved of responsibility for the conduct or acts of its agents, employees, officers, or partners by reason of its compliance with this section. An individual practicing land surveying is not relieved of responsibility for services performed by reason of employment or any other relationship with an organization holding a certificate of authorization.
8. The Secretary of State shall not issue a certificate of authority to do business in the state to an applicant or issue a registration of name in the state to an organization which intends to engage in the practice of land surveying unless the board has issued the applicant a certificate of authorization or a letter indicating the eligibility of the applicant to receive a certificate or to register the name.
9. The Secretary of State shall not register any trade name or service mark which includes the words land surveyor or land surveying, or any modification or derivative of such words, in an applicant's firm name or logotype unless the board has issued the applicant a certificate of authorization or a letter indicating the eligibility of the applicant to register the trade name or service mark.
10. An organization may engage in the practice of land surveying for itself without obtaining a certificate of authorization.
11. A certificate of authorization shall expire on a date established by the board and become invalid after that date unless renewed. The board shall notify every organization holding a certificate of authorization under the act of the date of the expiration of the certificate of authorization and the amount of the fee required for renewal. The notice shall be provided at least one month in advance of the date of the expiration to the organization at the last-known address on file with the board. Only valid certificates may be renewed prior to expiration. Renewal fees shall not exceed two hundred dollars per year.
12. The board may issue a new certificate of authorization to replace any lost, destroyed, or mutilated certificate.

81-8,122.
LAND SURVEY; WHERE FILED.

When the county shall receive an official copy of a survey from a professional land surveyor or from the survey record repository established pursuant to section 84-412, such copy shall be placed on file in the office of the county surveyor in the county where the land is located. If no regular office is maintained in a county-owned building for the county surveyor, it shall be placed on file in the office of the county clerk.

81-8,122.01.
Land survey; official record of survey; filing; contents.

1. Whenever a survey has been executed by a professional land surveyor who is licensed under the Land Surveyors Regulation Act, a record of such survey bearing the signature and seal of the professional land surveyor shall become an official record of survey and shall be presumptive evidence of the facts stated therein, unless the professional land surveyor executing the survey has a personal interest in such survey.
2. Surveys performed in accordance with the definition of land surveying described in subdivisions (2)(a), (b), and (c) of section 81-8,109 including, but not limited to, a new subdivision, subdivision replat, administrative subdivision, lot split, American Land Title Association and National Society of Professional Surveyors land title survey, irregular tract survey, or any survey which references the United States Public Land Survey System shall be filed in the survey record repository established pursuant to section 84-412.
3. Surveys of an existing lot or lots of an existing subdivision created pursuant to section 19-921 which are within the corporate limits of a city with a population in excess of fifteen thousand inhabitants as determined by the most recent federal decennial census or the most recent revised certified count by the United States Bureau of the Census and which do not create a new legal description shall be filed in either the survey record repository or in the county survey records in the county where the land is located pursuant to section 23-1911.
4. The record of survey shall be filed within ninety days after the completion of the survey, or within any extension of time granted by the office in which it is required to be filed for reasonable cause, and shall consist of the following minimum data: (a) A graphic representation of the survey; (b) a legal description of the tract surveyed; (c) a description of all corners found; (d) a description of all corners set; (e) ties to any section corners, quarter corners, or quarter-quarter corners found or set; (f) plat or record distances as well as field measurements; and (g) the date of completion of the survey.
5. Control surveys, improvement location reports, topographic plats, or maps prepared pursuant to subdivision (2)(d) or (e) of section 81-8,109 only for the purpose of showing the location of improvements on existing lots, which are not represented as boundary surveys or land surveys that include a statement of reference to a boundary survey filed of record, and in which no corners are found, established, or reestablished, shall be specifically exempt from all requirements of this section.

81-8,122.02.
SURVEY; FAILURE TO FILE RECORD; EFFECT.

Any professional land surveyor who fails to file a record of survey as provided in section 81-8,122.01 shall be reported to the examining board which shall take whatever action, as provided in section 81-8,123, that the board deems appropriate.

81-8,123.
Professional land surveyor; complaint; investigation; disciplinary actions.

1. The examining board may, upon its own motion, and shall, upon the sworn complaint in writing of any person, investigate the actions of any professional land surveyor.
2. The board, after a hearing as provided in section 81-8,124, and upon proof satisfactory to the board, may determine by a majority vote that any person or organization has violated the Land Surveyors Regulation Act or any rules and regulations adopted and promulgated under the act.
3. Upon a finding that a person or organization has committed a violation, one or more of the following actions may be taken against such person or organization upon a majority vote of the board:
1. Issuance of censure or reprimand;
2. Suspension of judgment;
3. Placement of the offender on probation;
4. Placement of a limitation or limitations on a licensee and upon the right of the licensee to practice the profession to such extent, scope, or type of practice for such time and under such conditions as are found necessary and proper;
5. Imposition of a civil penalty not to exceed ten thousand dollars for each offense. The amount of the penalty shall be based on the severity of the violation;
6. Entry of an order of revocation, suspension, or cancellation of the license;
7. Issuance of a cease and desist order;
8. Imposition of costs as in an ordinary civil action in the district court, which may include reasonable attorney's fees and hearing officer fees incurred by the board and the expenses of any investigation undertaken by the board; or
9. Dismissal of the action.
4. The board may take into account suitable evidence of reform when determining appropriate action.
5. Civil penalties collected under subdivision (3)(e) of this section shall be remitted to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska. All costs collected under subdivision (3)(h) of this section shall be remitted to the State Treasurer for credit to the Land Surveyor Examiner's Fund.

Annotations

Incompetency refers to a demonstrated lack of skill to perform duties of licensed land surveyor; misconduct violates standards of professional behavior established through professional experience. A land surveyor must exercise care which a surveyor of ordinary skill and prudence would exercise under similar circumstances. Simonds v. Board of Examiners, 213 Neb. 259, 329 N.W.2d 92 (1983).

81-8,124.
Professional land surveyor; disciplinary action; hearing; notice.

Before the examining board takes any disciplinary action against any professional land surveyor, it shall give the licensee a hearing on the matter and shall, at least twenty days prior to the date set for the hearing, notify such licensee in writing. Such notice shall contain an exact statement of the charges against the professional land surveyor and the date and place of hearing. The licensee shall be heard in person or by counsel before an examiner appointed by the examining board in reference to such charges. Such notice may be served by delivering it personally to the licensee or by sending it by either registered or certified mail addressed to the licensee's last-known business address as shown by the professional land surveyor's license.

81-8,125.
Professional land surveyor; disciplinary action; hearing; attendance of witnesses; record; findings; order; effect.

The examiner shall have power to compel the attendance of witnesses and to administer oaths and shall take testimony and proof concerning the charges stated in the complaint. A complete record shall be made of all testimony taken and evidence received at such hearing, which record shall be filed with the secretary of the examining board. The examiner conducting such hearing shall make in writing complete findings and recommendations to the examining board. Thereafter, the examining board shall, in writing officially signed by all members concurring therein, make its findings, determination, and order in the matter. If the examining board finds that the professional land surveyor has violated the Land Surveyors Regulation Act or any rules and regulations adopted and promulgated under the act, he or she shall be placed on probation or his or her license shall be revoked or suspended. As a condition of probation the examining board may restrict the professional land surveyor's scope of practice or require supervision of the professional land surveyor's practice.

81-8,126.
ACT; APPLICABILITY.

The Land Surveyors Regulation Act shall not apply to (1) any land surveyor working for the United States Government while performing his or her duties as an employee of the government, (2) any person employed as an assistant to a professional land surveyor licensed under the act, or (3) any professional engineer or person working under the direct supervision of a professional engineer licensed under the Engineers and Architects Regulation Act doing work which does not involve the location, description, establishment, or reestablishment of property corners or property lines or work which does not create descriptions, definitions, or areas for transfer of an estate in real property.

81-8,127.
Land surveying; unlawful practice or use of title; penalty.

1. Except as provided in sections 81-8,121.01 and 81-8,126, an individual shall not directly or indirectly engage in the practice of land surveying in the state or use the title professional land surveyor or display or use any words, letters, figures, titles, sign, card, advertisement, or other symbol or device indicating or tending to indicate that he or she is a professional land surveyor or is practicing land surveying unless he or she is licensed under the Land Surveyors Regulation Act. A licensee shall not aid or abet any person not licensed under the act in the practice of land surveying.
2. Any person, firm, partnership, limited liability company, corporation, or joint-stock association who or which practices or offers to practice land surveying or uses the title of professional land surveyor or land surveyor, or any modification or derivative of such words, in its name or form of business activity in this state except as authorized in the Land Surveyors Regulation Act shall be deemed guilty of a Class I misdemeanor for the first offense and a Class IV felony for the second or any subsequent offense.

The Nebraska Survey Record Repository

84-412.
Survey record repository; established.

The State Surveyor shall establish a survey record repository in the city of Lincoln. The State Surveyor shall employ all individuals necessary to staff such repository and may, with the approval of the Board of Educational Lands and Funds, set the salaries of such employees.

84-413.
Survey record repository; duties.

The survey record repository shall:

1. Microfilm, index, and file the surveying records of all surveys completed after July 17, 1982, which are filed pursuant to sections 81-8,121 to 81-8,122.01;
2. Provide a copy of survey records to the county in which the survey was conducted. Such copy shall be transmitted to the county within thirty days of its receipt by the repository and at no cost to the county;
3. As funds become available from the fees collected pursuant to this section, and at no cost to the counties, request records of all surveys completed prior to July 17, 1982, from the counties and incorporate such records into the repository's files;
4. Collect a fee not to exceed five dollars for each survey filed with the repository by a professional land surveyor, except that no fee shall be charged for filing surveys pursuant to section 23-1911 when the work is requested by the county and when no fees for the survey are received by the county surveyor or the county from any other persons;
5. Collect a fee not to exceed five dollars for each search of the repository's files required by any person;
6. Charge a fee for the reproduction of material equal to the cost of such reproduction; and
7. Provide information to any person upon request and payment of the appropriate fee.

84-414.
Survey Record Repository Fund; created; use; investment.

The State Surveyor, under the direction of the Board of Educational Lands and Funds, shall receive and account for all money derived from the operation of the survey record repository pursuant to sections 84-412 and 84-413, and shall pay such money to the State Treasurer, who shall credit it to the Survey Record Repository Fund which is hereby created. When appropriated by the Legislature, this fund shall be expended only for the purposes of sections 84-412 and 84-413, except that transfers may be made from the fund to the General Fund at the direction of the Legislature. All money in the Survey Record Repository Fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

84-415.
Survey record repository; funding; fees.

No expense for developing or maintaining the survey record repository shall be paid for by funds from the General Fund. The fees for records, searches, and other services related to the repository's files shall be set so that all costs of the survey record repository are paid by the persons requesting such records, searches, or other services.

The Nebraska Plane Coordinate System Act

76-2501.
Act, how cited.

Sections 76-2501 to 76-2506 shall be known and may be cited as the Nebraska Plane Coordinate System Act.

76-2502.
Nebraska Plane Coordinate System, defined.

1. For purposes of the Nebraska Plane Coordinate System Act, Nebraska Plane Coordinate System means the system of plane coordinates for designating the geographic position of points on, within, or above the surface of the earth, within the State of Nebraska, defined or located in reference to the National Spatial Reference System, or its successors, which have been established by the National Ocean Service/National Geodetic Survey, or its successors, for defining and stating the geographic positions or locations of points on the surface of the earth, within the State of Nebraska; and
2. For purposes of more precisely defining the Nebraska Plane Coordinate System, it shall be the most recent system of plane coordinates adopted by the Geographic Information Systems Council, supported and published by the National Geodetic Survey, based on the National Spatial Reference System, and known as the State Plane Coordinate System, for defining and stating the geographic positions or locations of points within the State of Nebraska.

76-2503.
Plane coordinate values.

The plane coordinate values for a point on the earth's surface used to express the geographic position or location of such point of the Nebraska Plane Coordinate System shall consist of two distances expressed in feet and decimals of a foot or meters and decimals of a meter when using the Nebraska Plane Coordinate System. When the values are expressed in feet, a definition of one foot equals 0.3048 meters exactly must be used. One of the distances, to be known as the "northing or y-coordinate", shall give the position in a north-and-south direction. The other, to be known as the "easting or x-coordinate", shall give the position in an east-and-west direction.

76-2504.
Plane coordinates; recording; waiver.

No coordinate or coordinates based on the Nebraska Plane Coordinate System purporting to define the position of a point on a land boundary shall be presented to be recorded in any public land record, plat, easement, exhibit, certified corner record, or deed record unless such coordinate or coordinates are accompanied by a description of the horizontal datum, realization, and methodology used and published within the same document. The State Surveyor may grant a waiver of the requirements of this section upon submission of evidence that the standards of accuracy and specifications used exceed the requirements of this section.

76-2505.
Use of term; restriction.

1. The use of the term "Nebraska Plane Coordinate System" on any map, report, survey, or other document shall be limited to coordinates based upon the Nebraska Plane Coordinate System.
2. The provisions of the Nebraska Plane Coordinate System Act shall not be construed to prohibit the appropriate use of other geodetic reference networks.

76-2506.
Tracts of land; how described.

1. Descriptions of tracts of land by reference to subdivisions, lines or corners of the United States Public Land Survey System or other original pertinent surveys, are recognized as the basic and prevailing method for describing tracts of land. Whenever coordinates of the Nebraska Plane Coordinate System are used in descriptions of tracts of land, they shall be construed as being supplementary to such descriptions. In the event of any conflict, coordinates of the Nebraska Plane Coordinate System shall not determine the issue, but may be used as collateral facts to show additional evidence.
2. Descriptions of tracts of land shall not be described entirely by coordinates of the Nebraska Plane Coordinate System or any other plane coordinate system.
3. Nothing in this section requires a purchaser, mortgagee, or insurer of real property to rely on a land description, any part of which depends exclusively upon the Nebraska Plane Coordinate System.

County Surveyor

23-1901.
County surveyor; county engineer; qualifications; powers and duties.

1. It shall be the duty of the county surveyor to make or cause to be made all surveys within his or her county that the county surveyor may be called upon to make and record the same.
2. In all counties having a population of at least one hundred thousand inhabitants but less than one hundred fifty thousand inhabitants, the county surveyor shall be ex officio county engineer and shall be either a professional engineer as provided in the Engineers and Architects Regulation Act or a professional land surveyor as provided in the Land Surveyors Regulation Act or both. In such counties, the office of surveyor shall be full time.
   
   In counties having a population of one hundred fifty thousand inhabitants or more, a county engineer shall be a professional engineer as provided in the act and shall be elected as provided in section 32-526.
3. The county engineer or ex officio county engineer shall:
1. Prepare all plans, specifications, and detail drawings for the use of the county in advertising and letting all contracts for the building and repair of bridges, culverts, and all public improvements upon the roads;
2. Make estimates of the cost of all such contemplated public improvements, make estimates of all material required for such public improvements, inspect the material and have the same measured and ascertained, and report to the county board whether the same is in accordance with its requirements;
3. Superintend the construction of all such public improvements and inspect and require that the same shall be done according to contract;
4. Make estimates of the cost of all labor and material which shall be necessary for the construction of all bridges and improvements upon public highways, inspect all of the work and materials placed in any such public improvements, and make a report in writing to the county board with a statement in regard to whether the same comply with the plans, specifications, and detail drawings of the county board prepared for such work or improvements and under which the contract was let; and
5. Have charge and general supervision of work or improvements authorized by the county board, inspect all materials, direct the work, and make a report of each piece of work to the county board.



The county engineer or surveyor shall also have such other and further powers as are necessarily incident to the general powers granted.

4. The county surveyor shall prepare and file the required annual inventory statement of county personal property in his or her custody or possession as provided in sections 23-346 to 23-350.
5. In counties having a population of one hundred fifty thousand inhabitants or more, the county engineer shall appoint a full-time county surveyor. The county surveyor shall perform all the duties prescribed in sections 23-1901 to 23-1913 and any other duties assigned to him or her by the county engineer. The county surveyor shall be a professional land surveyor as provided in the Land Surveyors Regulation Act.

23-1901.01.
County surveyor; residency; appointment; when; qualifications; term.

1. A person need not be a resident of the county when he or she files for election as county surveyor, but if elected as county surveyor, such person shall reside in a county for which he or she holds office.
2. In a county having a population of less than one hundred fifty thousand inhabitants in which the voters have voted against the election of a county surveyor pursuant to section 32-525 or in which no county surveyor has been elected and qualified, the county board of such county shall appoint a competent professional land surveyor who is licensed pursuant to the Land Surveyors Regulation Act either on a full-time or part-time basis to such office. In making such appointment, the county board shall negotiate a contract with the surveyor, such contract shall specify the responsibility of the appointee to carry out the statutory duties of the office of county surveyor and shall specify the compensation of the surveyor for the performance of such duties, which compensation shall not be subject to section 33-116. A county surveyor appointed under this subsection shall serve the same term as that of an elected surveyor.
3. A person appointed to the office of county surveyor in any county shall not be required to reside in the county of appointment.

23-1901.02.
County surveyor; deputy; appointment; oath; duties.

The county surveyor may appoint a deputy for whose acts he or she will be responsible. The surveyor may not appoint the county treasurer, sheriff, register of deeds, or clerk as deputy.

In counties having a population of one hundred thousand but less than one hundred fifty thousand, if the county surveyor is a professional engineer, he or she shall appoint as deputy a professional land surveyor or, if the county surveyor is a professional land surveyor, he or she shall appoint as deputy a professional engineer. This requirement shall not apply if the county surveyor is both a professional engineer and a professional land surveyor.

The appointment shall be in writing and revocable in writing by the surveyor. Both the appointment and revocation shall be filed and kept in the office of the county clerk.

The deputy shall take the same oath as the surveyor which shall be endorsed upon and filed with the certificate of appointment. The surveyor may require a bond of the deputy.

In the absence or disability of the surveyor, the deputy shall perform the duties of the surveyor pertaining to the office, but when the surveyor is required to act in conjunction with or in place of another officer, the deputy cannot act in the surveyor's place.

23-1903.
Witnesses; attendance and testimony; power to compel; fees.

The county surveyor or his deputy, in the performance of his official duties, shall have the power to summon and compel the attendance of witnesses before him, to testify respecting the location and identification of any line or corner. When any such witness testifies to any material fact, his testimony must be reduced to writing and subscribed by him and made a matter of record. The county surveyor and his deputy are hereby authorized and empowered to administer oaths and affirmations to any person appearing as a witness before them. But the testimony as provided for herein shall never be used as evidence in any action involving corners or boundary lines, except for the purpose of impeachment. Each witness shall be entitled to the same fees allowed in county court.

23-1904.
Surveyor's certificate; use as evidence; effect.

The certificate of the county surveyor of any survey made by him of any lands in the county shall be presumptive evidence of the facts stated therein, unless such surveyor shall be interested in the same.

23-1905.
Surveyor; interest; disqualification; who may act.

Whenever a survey of any lands or lots is required, in which the county surveyor is interested, such survey may be made by the surveyor of another county in like manner and to the same effect as though such survey had been made by the surveyor of the county where the land is situated. The surveyor doing the work shall record the field notes of said survey in the official record of surveys of the county wherein the land is situated.

23-1906.
Trespass; exemption from liability.

The county surveyor in the performance of his official duties, shall not be liable to prosecution for trespass.

Annotations

County surveyor, when in performance of his official duties, is not liable to prosecution for trespass. Kissinger v. State, 123 Neb. 856, 244 N.W. 794 (1932).

23-1907.
Original corners; perpetuation.

It shall be the duty of the county surveyor in surveys made by him or her to perpetuate all original corners not at the time well marked, and all corners or angles that he or she may establish or reestablish, in a permanent manner by setting monuments containing ferromagnetic material, according to the instructions of the State Surveyor.

23-1908.
Corners; establishment and restoration; rules governing.

The boundaries of the public lands established by the duly appointed government surveyors, when approved by the Surveyor General and accepted by the government, are unchangeable, and the corners established thereon by them shall be held and considered as the true corners which they were intended to represent, and the restoration of lines and corners of such surveys and the division of sections into their legal subdivisions shall be in accordance with the laws of the United States, the circular of instructions of the United States Department of the Interior, Bureau of Land Management, on the restoration of lost and obliterated section corners and quarter corners, and the circular of instructions to the county surveyors by the State Surveyor under authority of the Board of Educational Lands and Funds. The county surveyor is hereby authorized to restore lost and obliterated corners of original surveys and to establish the subdivisional corners of sections in accordance with the provisions of this section and section 23-1907. Any professional land surveyor licensed under the Land Surveyors Regulation Act is hereby authorized to establish any corner not monumented in the original government surveys in accordance with the provisions of this section and section 23-1907. Subdivision shall be executed according to the plan indicated by the original field notes and plats of surveys and governed by the original and legally restored corners. The survey of the subdivisional lines of sections in violation of this section shall be absolutely void.

Annotations

This section provides that the restoration of lines and corners of original government surveys shall be in accordance with the laws of the United States and the circular of instructions of the U.S. Department of the Interior, Bureau of Land Management. The circular of instructions of the U.S. Department of the Interior provides that in restoring lines of a survey the purpose is not to correct the original survey, but to determine where the corner was established in the beginning; that an existent corner is one whose position can be located by an acceptable survey record, including testimony of witnesses who have a dependable knowledge of the original location; and that an obliterated corner's location may be recovered if proved beyond a reasonable doubt by unquestionable testimony. State v. Jarchow, 219 Neb. 88, 362 N.W.2d 19 (1985).

Government monuments, if found, will control as to location of section corners and subsequent surveys. Runkle v. Welty, 86 Neb. 680, 126 N.W. 139 (1910).

Government monuments or corners will control course and distance and government plats and field notes are competent evidence. Peterson v. Skjelver, 43 Neb. 663, 62 N.W. 43 (1895).

23-1909.
Subdivisions; petition for survey; expense.

Whenever a majority of the owners of any section or quarter section of land, which has not been subdivided into its legal subdivisions, or owners of a major portion thereof, desire to have said land subdivided, they may petition the county surveyor to make such survey, who, after giving at least ten days' notice to all such owners residing within the county, shall proceed to make the survey. The expense thereof shall be borne by all the owners in proportion to the work done for each, to be apportioned by the surveyor.

23-1910.
Field books; contents.

Each county surveyor shall procure, at the expense of the county, suitable memorandum field books for his or her use in the field. He or she shall enter in such field books, as the work progresses, all the details necessary to make up a complete record of each survey. The field books are to be properly indexed and kept on file as a part of the records of his or her office.

23-1911.
Surveys; records; contents; available to public.

The county surveyor shall record all surveys, for permanent purposes, made by him or her, as required by sections 81-8,121 to 81-8,122.02. Such record shall set forth the names of the persons making the application for the survey, for whom the work was done, and a statement showing it to be an official county survey or resurvey. The official records, other plats, and field notes of the county surveyor's office shall be deemed and considered public records. Any agent or authority of the United States, the State Surveyor or any deputy state surveyor of Nebraska, or any professional land surveyor licensed pursuant to the Land Surveyors Regulation Act shall at all times, within reasonable office or business hours, have free access to the surveys, field notes, maps, charts, records, and other papers as provided for in sections 23-1901 to 23-1913. In all counties, where no regular office is maintained in a county-owned building for the county surveyor of that county, the county clerk shall be custodian of the official record of surveys and all other permanent records pertaining to the office of county surveyor.

Annotations

An agreement as to boundary line is binding upon all parties having notice, though it may not be true line. Lynch v. Egan, 67 Neb. 541, 93 N.W. 775 (1903); Egan v. Light, 4 Neb. Unof. 127, 93 N.W. 859 (1903).

Where, on a line of the same survey and between remote corners, there is a variance between the measurement of the length of the whole line and the length of the line called for, excess or deficiency should be distributed equally unless one of the quarter sections is fractional, in which latter case excess is distributed proportionately. Brooks v. Stanley, 66 Neb. 826, 92 N.W. 1013 (1902).

In determining lines, testimony of party who located the line from government monuments then in existence is preferable to surveyor's testimony, who subsequently located a different line. Baty v. Elrod, 66 Neb. 735, 92 N.W. 1032 (1903), affirmed on rehearing 66 Neb. 744, 97 N.W. 343 (1903).

Government corners, if ascertained, will control all other surveys; if lost, they may be established by witnesses; if no witnesses, government field notes will control. Clark v. Thornburg, 66 Neb. 717, 92 N.W. 1056 (1902).

Government corners control field notes at time of survey and also field notes, courses, and distances of subsequent survey; as to lost corners, field notes will control. Knoll v. Randolph, 3 Neb. Unof. 599, 92 N.W. 195 (1902).

Surveyor need not follow original order of survey and his location of section corner will not be rejected in absence of proof of mistake or error. Shrake v. Laflin, 3 Neb. Unof. 489, 92 N.W. 184 (1902).

23-1913.
Records; transfer to successor; violation; penalty.

When the term of any county surveyor shall expire or he shall resign or be removed, he shall deliver to his successor all books, maps, plats, diagrams, and papers pertaining to his office, and all correspondence with the Department of the Interior at Washington, D.C., and state officials pertaining to surveys in his county. Any county surveyor who, on the expiration of his term of office, or on his resignation or removal, shall neglect, for the period of thirty days after his successor shall be elected or appointed, and qualified, to deliver all such books, maps, plats, diagrams, papers, and correspondence aforesaid, or any executor or administrator of any deceased county surveyor, who shall neglect for the space of thirty days to deliver to such successor all such books, maps, plats, diagrams, papers, and correspondence aforesaid, which shall come into his hands, shall forfeit and pay into the county treasury a sum not less than ten and not more than fifty dollars, and a similar sum for each thirty days thereafter during which he shall so neglect to deliver the same as aforesaid. If no successor has been elected or appointed and qualified, then they shall be delivered to the county clerk.

32-525.
County surveyor; election; when required; terms; qualifications; question of electing county surveyor; county board; powers; form of ballot; partisan ballot.

1. Except as provided in section 22-417 and except for counties which vote not to elect the county surveyor as provided in subsection (2) or (4) of this section, a county surveyor on either a full-time or part-time basis, as determined by the county board in accordance with section 23-1901, shall be elected in each county having a population of less than one hundred fifty thousand inhabitants at the statewide general election in 1990 and each four years thereafter.
2. 1. Except as provided in section 22-417 and in subsection (3) of this section, in each county having a population of less than one hundred fifty thousand inhabitants, the question of electing a county surveyor in the county shall be submitted to the registered voters of the county at the statewide general election in 2020. The form of submission upon the ballot shall be as follows: For election of county surveyor; Against election of county surveyor.
   2. If a majority of the votes cast on the question are against the election of a county surveyor in such county, the office of county surveyor shall cease as an elected office with the expiration of the term of the incumbent or shall remain as it exists if no elected official holds that office. In such counties, the office shall be filled as provided in subsection (2) of section 23-1901.01.
   3. If a majority of the votes cast on the question are in favor of the election of a county surveyor, the office shall continue to be elected as provided in subsection (1) of this section or, if no elected county surveyor is in office, a county surveyor shall be elected at the next statewide general election as provided in subsection (1) of this section.
3. If a county having a population of less than one hundred fifty thousand inhabitants has an elected county surveyor in office on January 1, 2020, the county board may, prior to February 1, 2020, following a public hearing, adopt a resolution to continue to elect the county surveyor for the county and not to submit the question pursuant to subsection (2) of this section.
4. 1. Beginning in 2021, in each county having a population of less than one hundred fifty thousand inhabitants, the county board shall submit the question of electing a county surveyor in the county to the registered voters of the county at the next statewide general election if (i) the county board, by majority vote of all the members of the county board, adopts a resolution on or before September 1 prior to the next statewide general election to submit the question to the voters or (ii) a petition conforming to section 32-628 asking for the submission of the question to the voters is presented to the election commissioner or county clerk on or before September 1 prior to the next statewide general election signed by at least ten percent of the registered voters of the county. The election commissioner or county clerk shall verify the signatures pursuant to section 32-631 and place the question on the ballot if he or she determines that at least ten percent of the registered voters of the county have signed the petition.
   2. The form of submission upon the ballot shall be as follows: For election of county surveyor; Against election of county surveyor.
   3. If a majority of the votes cast on the question are against the election of a county surveyor in such county, the office of county surveyor shall cease as an elected office with the expiration of the term of the incumbent or shall remain as it exists if no elected official holds that office. In such counties, the office shall be filled as provided in subsection (2) of section 23-1901.01.
   4. If a majority of the votes cast on the question are in favor of the election of a county surveyor, the office shall continue to be elected as provided in subsection (1) of this section or, if no elected county surveyor is in office, a county surveyor shall be elected at the next statewide general election as provided in subsection (1) of this section.
5. The term of the county surveyor shall be four years or until his or her successor is elected and qualified. The county surveyor shall meet the qualifications found in sections 23-1901 and 23-1901.01. The county surveyor shall be elected on the partisan ballot.

33-116.
County surveyor; compensation; fees; mileage; equipment furnished.

Each county surveyor shall be entitled to receive the following fees: (1) For all services rendered to the county or state, a daily rate as determined by the county board; and (2) for each mile actually and necessarily traveled in going to and from work, the rate allowed by the provisions of section 81-1176. All expense of necessary assistants in the performance of the above work, the fees of witnesses, and material used for perpetuation and reestablishing lost exterior section and quarter corners necessary for the survey shall be paid for by the county and the remainder of the cost of the survey shall be paid for by the parties for whom the work may be done. All necessary equipment, conveyance, and repairs to such equipment, required in the performance of the duties of the office, shall be furnished such surveyor at the expense of the county, except that in any county with a population of less than one hundred thousand the county board may, in its discretion, allow the county surveyor a salary fixed pursuant to section 23-1114, payable monthly, by warrant drawn on the general fund of the county. All fees received by surveyors so receiving a salary may, with the authorization of the county board, be retained by the surveyor, but in the absence of such authorization all such fees shall be turned over to the county treasurer monthly for credit to the county general fund.

Annotations

An agreement by a county surveyor to perform services required of him for a less compensation than that fixed by law is contrary to public policy and void. Hansen v. Cheyenne County, 139 Neb. 484, 297 N.W. 902 (1941); Fitch v. Cass County, 139 Neb. 483, 297 N.W. 905 (1941).

Preservation of Landmarks or Corners of Land Surveys

34-201.
Preservation during construction and other work.

It shall be the duty of every individual or corporation engaged either directly or indirectly in the construction of any irrigation ditch, drainage ditch, railroad, side track or spur track, or any other construction, or in any other activity whatsoever, that endangers or may endanger or may cause the loss or destruction of any landmark or corner of land surveys or boundaries, to employ the county surveyor of the county wherein they are situated to properly perpetuate or witness said landmarks and corners according to law.

34-202.
Failure to protect; liability for damages.

Any individual or corporation who shall fail to protect such landmarks or corners shall be responsible for all damage that may accrue to the party injured by reason of such loss or destruction.

39-1708.
Corner markers; perpetuation; duty of county board; notice of destruction.

It shall be the duty of the county board of each county to cause to be perpetuated the existing corners of land surveys along the public roads and highways where such corners are liable to destruction, either by public travel or construction or maintenance. The board shall cause to be established witness corners in at least two directions and cause such work to be recorded after the manner of other surveys. It shall be the duty of every person supervising the construction, improvement or maintenance of the public roads or highways, to notify the county surveyor of the destruction of any corners of land surveys. If there is no county surveyor in the county, then such notice shall be given to the county board.

39-1709.
Corner markers; loss or destruction; report to county board; liability for failure to report.

Any person having knowledge of the loss or destruction of a corner marker of a land survey, who shall fail or neglect to report the same in writing as provided in section 39-1708 shall be liable for the expense of the resurvey and restoration of such corner, and for any damage sustained by landowners by reason of such failure or neglect.