2005 Idaho Code - 50-1332 — SETTING INTERIOR MONUMENTS AFTER RECORDING OF PLAT -- BOND OR CASH DEPOSIT REQUIRED -- RELEASE OF BOND -- RETURN OF CASH DEPOSIT -- PAYMENT FOR SURVEY WORK -- COUNTY SURVEYOR PERFORMING SURVEY WORK

                                  TITLE  50
                            MUNICIPAL CORPORATIONS
                                  CHAPTER 13
                             PLATS AND VACATIONS
    50-1332.  SETTING INTERIOR MONUMENTS AFTER RECORDING OF PLAT -- BOND OR
CASH DEPOSIT REQUIRED -- RELEASE OF BOND -- RETURN OF CASH DEPOSIT -- PAYMENT
FOR SURVEY WORK -- COUNTY SURVEYOR PERFORMING SURVEY WORK. (1) If the interior
monuments for a subdivision are to be set on or before a specified date after
the recording of the plat of the subdivision, the person subdividing the land
described in the plat shall furnish, prior to recording the plat, to the
governing body of the city or county which approved the plat, either a bond or
cash deposit, at the option of the governing body, in an amount equal to one
hundred twenty percent (120%) of the estimated cost of performing the work for
the interior monumentation. The estimated cost of performing such work will be
determined by the surveyor signing the plat.
    (2)  If the person subdividing the land described in subsection (1) of
this section pays the surveyor for performing the interior monumentation work
and notifies the governing body of such payment, the governing body, within
two (2) months after such notice, shall release the bond or return the cash
deposit upon a finding that such payment has been made. Upon written request
from the person subdividing the land, the governing body may pay the surveyor
from moneys within a cash deposit or bond held by it for such purpose and
return the excess amount of the cash deposit, if any, to such person.
    (3)  In the event of the death, disability, or retirement from practice of
the surveyor charged with the responsibility for setting interior monuments
for a subdivision or upon the failure of such professional land surveyor to
set such monuments, the governing  body may direct the county surveyor in his
official capacity or contract with a professional land surveyor in private
practice to set such monuments and reference such monuments for recording as
provided in section 50-1333, Idaho Code. Payment of the fees of a county
surveyor or professional land surveyor in private practice performing such
work shall be made as otherwise provided in this section.
    (4)  In the event any interior monument cannot be placed at the location
shown on the plat, the professional land surveyor shall place a witness corner
or reference monument and he shall file a record of survey as provided in
chapter 19, title 55, Idaho Code, to show the location of any witness corner
or reference monument in relation to the platted location of the corner.