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Erker v. Kester

Supreme Court of Montana
Oct 4, 1999
988 P.2d 1221 (Mont. 1999)

Opinion

No. 98-565.

October 4, 1999.


ORDER

The Court has determined that an error appears in ¶ 33 of our opinion issued September 28, 1999. The correct language of subsection (1)(e), of § 76-3-207, MCA (1979), as cited in ¶ 33, should read:

(e) for five or fewer lots within a platted subdivision, relocation of common boundaries and the aggregation of lots.

This subsection, as it appeared in 1979 when the Certificate of Survey in question was filed, was later recodified as subsection (1)(d) in 1993 (amd. Sec. 4, Ch. 366, L. 1993). The subsection (1)(e) that appears in our opinion was added in 1989 as subsection (1)(f), (amd. Sec. 1, Ch. 569, L. 1989) and was recodified as subsection (1)(e) in 1993 (amd. Sec. 4, Ch. 366, L. 1993).

Accordingly, ¶ 33 is amended to read (stricken language is deleted; underlined language is added):

¶ 33 Section 76-3-103 (1), MCA, which is part of The Montana Subdivision and Platting Act, Title 76, Ch. 3, provides that a certificate of survey "means a drawing of a field survey prepared by a registered surveyor for the purpose of disclosing facts pertaining to boundary locations." Moreover, § 76-3-103 (16), MCA provides in relevant part:

(a) "Tract of record" means an individual parcel of land, irrespective of ownership, that can be identified by legal description, independent of any other parcel of land, using documents on file in the records of the county clerk and recorder's office.

(b) Each individual tract of record continues to be an individual parcel of land unless the owner of the parcel has joined it with other contiguous parcels by filing with the county clerk and recorder:

. . .

(ii) a certificate of survey . . . that shows that the boundaries of the original parcels have been expunged and depicts the boundaries of the larger aggregate parcel.

Finally, under § 76-3-207 (1), MCA (1979), "the following divisions of land are not subdivisions under this chapter but are subject to the surveying requirements of 76-3-401 for divisions of land not amounting to subdivisions:

(e) divisions made for the purpose of relocating a common boundary line between a single lot within a platted subdivision and adjoining land outside a platted subdivision. for five or fewer lots within a platted subdivision, relocation of common boundaries and the aggregation of lots.

IT IS SO ORDERED.

/S/ J. A. TURNAGE

/S/ JAMES C. NELSON

/S/ WILLIAM E. HUNT, SR.

/S/ KARLA M. GRAY

/S/ TERRY N. TRIEWEILER


Summaries of

Erker v. Kester

Supreme Court of Montana
Oct 4, 1999
988 P.2d 1221 (Mont. 1999)
Case details for

Erker v. Kester

Case Details

Full title:DENNIS ERKER and DOREEN ERKER, Plaintiffs, Respondents, and…

Court:Supreme Court of Montana

Date published: Oct 4, 1999

Citations

988 P.2d 1221 (Mont. 1999)
1999 MT 231