waiver of RS fee

[dmi]

I remember that there is a code section someplace whereby the fee for checking an RS is waived because the record is being submitted by or on behalf of a governemental agency.
I need help finding the proper chapter and verse.

Thanks for your help

[Sean Ryan]

Land Surveyor's Act 8765 (a) through (e). But you said 'checking fee', so these are just exemptions.

[dmi]

I am not looking for exceptions to filing but rather the code section that exempts governmental agencies from having to pay the county surveyor to check the RS.

[RasterMaster]

Dane, Government Code 27383 comes to mind but if my memory is correct it speaks of "Recording Fees" but it might speak about checking fees, I am not in the position to look up.

RM

[RasterMaster]

It just hit me like a ton of bricks......... Govenrment Code 6103

RM

[Steve Martin]

Government code 6103

I don't beleive the fact that your client is a governemnt agency will pass muster.

Let us know how you make out.

[Dave Karoly, PLS]

from 6103:
"...acting in his or her official capacity...shall [not] pay or deposit any fee for the filing of any document or paper, for the performance of any official service..."

My management takes that to mean that we are prohibited from paying checking fees or filing fees on Record of Survey maps. We are prohibited, it is not even optional if we wanted to.

But if we use a private surveyor then we are no longer exempt because the private surveyor is not a government official.

Several years ago (before my time) a County Surveyor insisted on the fee. Our Chief Counsel corresponded with the County Counsel and as a result the County Counsel told the County Surveyor not to charge us the fee. I have heard a theory floated that that only applies to Caltrans but that isn't true. It applies to all government officials in their official capacity.

[dmi]

I finally found the 6103 section. I wonder if the officer caused the survey to made as part of their official capacity , then would it matter who did the survey? agency or private surveyor?

So Dave your agency does not pay for records of surveys?

The odd thing is that San Francisco is a City and a County. We have only a board of supervisors, no city council. So it seems odd to me that the County surveyor would charge the county road department for a record of survey. But since it is really an internal issue and not state to local agency issue, then I suppose turf wars could ensue.

thanks again