BILL ANALYSIS
AB 1919
Page 1
Date of Hearing: April 14, 2010
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Cameron Smyth, Chair
AB 1919 (Davis) - As Amended: April 5, 2010
SUBJECT : Local government: county surveyor: survey monument
preservation fund.
SUMMARY : Deletes the $10 fee exemption under the survey
monument preservation fund for grant deeds conveying lots
created by recorded tract maps.
EXISTING LAW :
1)Provides for the collection of a $10 fee by the county
recorder on most grant deeds conveying real property.
2)Exempts from the $10 fee grant deeds conveying lots created by
recorded tract maps.
3)Requires the $10 fee to go into a county survey monument
preservation fund, which covers expenses incurred by the
county surveyor for retracing major historical land division
lines upon which private surveys are based.
4)Requires, when the survey is done by a city engineer within
the City of Los Angeles,
the $10 fee be transferred to the city treasurer to reimburse
the City of Los Angeles for expenses incurred by the city
engineer in conducting that survey.
FISCAL EFFECT : None
COMMENTS :
1)Section 27585 of the Government Code was added in 1976
(Statutes 1976, Chapter 881) along with Section 27584. The
initial purpose of these two code sections was to provide
counties with reimbursement for necessary expenses incurred or
authorized by a county surveyor for retracing major historical
land division lines upon which later surveys are based. Since
1976, the user fee has been capped at $10 with the money going
into a survey monument preservation fund maintained by the
county.
AB 1919
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Section 27585 was amended in 1986 [AB 2855 (Bradley), Chapter
334, Statutes 1986] to allow, among other changes, the City of
Los Angeles to retain the $10 fee as reimbursement for
expenses for instances when a city engineer with the City of
Los Angeles did the survey work.
2)Counties establish and maintain survey monuments throughout
their jurisdiction as required by the Subdivision Map Act, the
Professional Land Surveyors' Act, and the Professional
Engineers Act. The monuments provide physical evidence of a
boundary of real property. These monuments affect local
government projects, other governmental agencies, and the
private sector. The Professional Land Surveyors' Act
specifically requires that, when monuments are disturbed by
reconstruction (including paving), the governmental agency
with local jurisdiction is responsible for preserving and, if
necessary, reconstructing the monuments. The City of Los
Angeles, in conjunction with the County of Los Angeles, also
provides all of these services to parcels located within the
city limits.
3)The author states the purpose of this legislation is to expand
the circumstances under which fees are collected so as to
provide additional funds for the survey monument preservation
fund. The author says it is particularly unfair for
landowners who have only real property conveyed by deed be
subject to the $10 fee while real property conveyed by lot and
tract is exempt. In the City of Los Angeles alone, more than
80% of parcels are conveyed by lot and tract, meaning less
than 20% of the real property conveyances are financially
supporting the monument preservation required equally of all
real property conveyances. According to the author,
frequently a deed-conveyed parcel abuts a
lot-and-tract-conveyed parcel, making the financial inequity
even more apparent among neighbors.
4)Support Arguments . Supporters say deleting the exemption for
deeds conveying lots created by recorded tract maps closes an
inequitable loophole in who is charged the $10 user fee for
the county survey monument preservation fund. Because the
sole purpose of the fund is to reimburse the county surveyor,
and, in the case of the City of Los Angeles, the city
surveyor, for costs incurred to comply with state laws for the
preservation of monuments, this fee goes directly back to
AB 1919
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statutorily required community services. Supporters,
California State Association of Counties, also say the
exemption creates confusion for county recorders, with the
exemption sometimes being overlooked or applied incorrectly.
5)Opposition Arguments . The opposition, California Association
of Realtors, questions why this fund is necessary in light of
modern technology that makes surveying more cost-effective
when it comes to the preservation and maintenance of survey
monuments. Adding an additional fee to every conveyance of
real property is a large sum of money, likely larger than is
necessary for this purpose. It also could be argued that, in
today's economy, anything that makes the conveyance of real
property more expensive only hurts the overall economy.
REGISTERED SUPPORT / OPPOSITION :
Support
City of Los Angeles [SPONSOR]
CA Land Surveyors Association
CA State Association of Counties
County of Butte, Department of Public Works
County of Humboldt, Department of Public Works
Sacramento County Surveyor's Office
Opposition
CA Association of Realtors
Analysis Prepared by : Jennifer R. Klein / L. GOV. / (916)
319-3958