Legislature(1993 - 1994)
04/18/1994 08:00 AM House STA
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
CSSB 355 - ADJUSTMENTS FOR DEFECTIVE SURVEY Number 690 CHAIRMAN VEZEY opened CSSB 355, sponsored by Senate Community & Regional Affairs, for discussion. TAPE 94-49, SIDE B Number 000 ANNE RINGSTAD, STAFF, SENATOR STEVE RIEGER, addressed CSSB 355. She stated CSSB 355 provides that a person or a local governing body, upon the resolution of a local governing body can request a resurvey and replat of a manifestly defective survey of subdivision lines, and subsequent changes in individual lots through Superior Court action. CSSB 355 provides a remedy for grossly incorrect subdivision surveys. MS. RINGSTAD indicated the municipality of Anchorage requested CSSB 355 to correct two manifestly defective surveys in the Anchorage area, although it applies to surveys statewide. She stated CSSB 355 is the only practical solution to offer assistance to property owners in correcting this defect and establish their ownership status. The municipality of Anchorage has recently changed their municipal ordinances to include a special assessment district for resurvey and replatting of manifestly inaccurate surveys of record. They are also in the process of petitioning the property owners of record of two particular subdivisions. She stated by this legislation they must also pass a resolution supporting this action before any action can be taken. The cost of the resurvey will be allocated by the court and could be on a per lot, or mil basis. MS. RINGSTAD mentioned the municipality of Anchorage, William Mendenhall, Patrick Kalen, and various land title companies support CSSB 355. MS. RINGSTAD commented she understood, from their constituents in the subdivisions, that about 20 years ago there was a very notorious surveyor, who has since left the state. He surveyed the outside subdivision lines of the properties, thereby manifestly incorrect. Therefore, there are about 300 lots in those two subdivisions that cannot claim clear title until the matter is resolved. She noted, in some cases, the property lines are 20 feet off. CHAIRMAN VEZEY expressed there is nothing new about that occurrence because it happens everyday. He stated there is nothing in CSSB 355 that cannot be accomplished under existing law. Therefore, why incorporate defective surveys into a statute that "equates to acts of God." He commented there have been defective surveys in the matters of equity for going on 4,000 years. The court system deals with this routinely. He believed there was nothing in CSSB 355 to correct why defective surveys occur. He noted the packet did not include information from the Alaska Professional Surveyors Association (APSA) stating their support. He failed to see the purpose of CSSB 355. MS. RINGSTAD replied the municipality of Anchorage has been working for a long time to remedy this situation. Number 088 CHAIRMAN VEZEY interjected the example of Nome, whereby it replatted the entire townsite without the law proposed in CSSB 355. The problem arises when there are arguments between the affected property owners. If adjoining owners agree, the problem can be worked out technically. However, if they disagree, the courts intervene, which they do routinely. MS. RINGSTAD explained they had argued that point with legal services and the municipality of Anchorage, however, they still felt CSSB 355 was necessary. There are apparent problems throughout the two subdivisions. In order for them to go to court, each party would have to provide a suit, which would enjoin all of the owners of record to go into one suit to remedy the problem. (REPRESENTATIVES OLBERG and ULMER left the meeting at 10:00 a.m.) CHAIRMAN VEZEY stated there are still surveyors in Alaska who do poor work. Therefore, he could not see how CSSB 355 would be to anyone's benefit. He interpreted CSSB 355 as excusing surveyors for malpractice. MS. RINGSTAD interjected, in this case, the surveyor is no where to be found and may not even be alive anymore. She noted there are remedies if the survey was done within the past two years; however, it has been more than two years in this case. CHAIRMAN VEZEY responded it would not matter if the survey was done 100 years ago. The courts deal with this problem even if they do not like to. Lacking better support for CSSB 355, he said he could not let it pass from committee. He commented CSSB 355 might cause people to abrogate their existing rights. MS. RINGSTAD mentioned Patrick Kalen had said the APSA would support CSSB 355. CHAIRMAN VEZEY agreed if the APSA knew about CSSB 355 they would have provided a letter. He suggested the National Society of Professional Engineers. He said he felt CSSB 355 was a very poor piece of legislation, however, he could stand to be corrected. CSSB 355 states what the courts already have the power to do. His first suspicion was that someone was trying to coerce someone else into a binding arbitration situation. Number 208 MS. RINGSTAD expressed she would get various testimony, including from the municipality, and bring it back to the committee. CHAIRMAN VEZEY commented some of the best experts on land law are some professional surveyors. They might be better than some attorneys in the area. He mentioned Robert Hicks in Anchorage, who did the legal work for the city of Nome. MS. RINGSTAD added she would seek testimony from William Mendenhall who supported CSSB 355, as well. CHAIRMAN VEZEY said he would be interested in hearing from him. Number 234 REPRESENTATIVE KOTT referred to the sponsor statement which reads the municipality has exhausted all their aspects of law to correct this problem, and finds that the legislation is the only practical solution. He inquired who developed this position in the municipality. MS. RINGSTAD answered George Newsham, Assistant Municipal Attorney. REPRESENTATIVE KOTT asked if there was a letter of support from him in the packets. MS. RINGSTAD replied the letter from George Newsham in the packet only serves to correct a provision in CSSB 355. He had contacted Senator Rieger's office for the drafting of the bill. REPRESENTATIVE KOTT said he felt a letter from Mr. Newsham, articulating why he felt CSSB 355 was the only solution would be beneficial. The letter may dispel concerns. CHAIRMAN VEZEY interjected the letter might complicate the concerns because CSSB 355 is not a subdivision specific piece of legislation. CSSB 355 is generic Alaska law. MS. RINGSTAD agreed. She noted in the packet an approved ordinance change by the Anchorage assembly to specifically address resurvey and replatting of manifestly inaccurate surveys in record. CHAIRMAN VEZEY explained certain words, such as "manifestly inaccurate" or "reasonably diligent searches," would have to be defined. The law would go back to the courts to be defined. MS. RINGSTAD agreed. She expressed CSSB 355 was left open for the court to define it. In some cases where the property line is only a couple of feet off, it is up to the court to decide whether it is manifestly defective or not. In most cases it is not; therefore, should not be changed. She emphasized only in the cases where the property lines are completely off does CSSB 355 apply. CHAIRMAN VEZEY commented the nature of property ownership is external boundaries cannot be changed without going to court. Internal boundaries can shift substantially. MS. RINGSTAD agreed, and noted the internal boundaries are off because the external boundaries are off. The community cannot even line up the roads because the external boundaries are off. She explained that until this problem is resolved, they cannot realign a number of roads in that area. CHAIRMAN VEZEY pointed out this has happened before. If property owners are obstructions and uncooperative, then the process can be difficult. He suspected the impetus for CSSB 355 came from property owners who are surrounded by a lot of land that is not able to be developed because of defective lot lines. Therefore, they have a private park and do not want to see it corrected. Those who own the undeveloped property want to see it corrected. He noted he could be wrong. MS. RINGSTAD pointed out none of the property owners there can be afforded clear title until the problem is solved. Therefore, anyone who wants to sell their property cannot because they have no clear title. CHAIRMAN VEZEY clarified everyone is eager to solve the problem. MS. RINGSTAD affirmed CHAIRMAN VEZEY. CHAIRMAN VEZEY further stated then there would be no problem. The problem would be taken care of technically. MS. RINGSTAD suggested when MR. NEWSHAM presents his support to CSSB 355 that he also include the circumstances of the case. CHAIRMAN VEZEY held CSSB 355 in committee. ADJOURNMENT Number 319 CHAIRMAN VEZEY, having no more business before the committee, adjourned the meeting at 10:10 a.m.
| Document Name | Date/Time | Subjects |
|---|