54.210d Defacing, destroying, altering, or removing monument, accessory, witness monument, or reference monument; penalty; temporary removal; resetting and rewitnessing;

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54.210d Defacing, destroying, altering, or removing monument, accessory, witness monument, or reference monument; penalty; temporary removal; resetting and rewitnessing; report.

Sec. 14.

(1)Except as provided in this subsection or subsection (2), a person who defaces, destroys, alters, or removes a monument, accessory, witness monument, or reference monument is guilty of a misdemeanor punishable by a fine of not more than $5,000.00 or imprisonment for not more than 180 days, or both, and is responsible for the costs of reestablishment and replacement of the monument, accessory, witness monument, or reference monument and filing of the associated land corner recordation certificate by a surveyor. This subsection does not apply to an accessory that is on private property.

(2)A monument, accessory, witness monument, or reference monument may be temporarily removed for construction purposes if the corner is properly witnessed by a surveyor before removal. A monument, accessory, witness monument, or reference monument that is removed under this subsection must be reset and rewitnessed and an associated land corner recordation certificate filed by a surveyor within 30 days after the completion of the construction. A monument, accessory, witness monument, or reference monument shall not be temporarily removed for more than 1 year.

(3)A person who knows that a monument, accessory, witness monument, or reference monument has been defaced, destroyed, altered, or removed shall report that fact in writing to the county representative and the county prosecutor of the county in which the corner is located.

History: Add. 1975, Act 313, Eff. Mar. 31, 1976 ;-- Am. 1988, Act 26, Eff. May 1, 1988 ;-- Am. 2000, Act 34 , Imd. Eff. Mar. 15, 2000 ;-- Am. 2014, Act 420 , Imd. Eff. Dec. 30, 2014