BILL ANALYSIS
AB 1919
Page 1
ASSEMBLY THIRD READING
AB 1919 (Davis)
As Amended April 5, 2010
Majority vote
LOCAL GOVERNMENT 6-2
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|Ayes:|Caballero, Arambula, | | |
| |Bradford, Davis, Solorio, | | |
| |De La Torre | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Smyth, Knight | | |
| | | | |
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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 : Government Code (GC) Section 27585 was added in 1976
(Chapter 881, Statutes 1976) along with GC Section 27584. The
AB 1919
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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.
GC Section 27585 was amended in 1986 [AB 2855 (Bradley), Chapter
334, Statutes of 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.
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.
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.
Support arguments. Supporters say deleting the exemption for
deeds conveying lots created by recorded tract maps closes an
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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 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.
Opposition arguments. The 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.
Analysis Prepared by : Jennifer R. Klein / L. GOV. / (916)
319-3958
FN: 0003922