Part 3 — Surveys Other Than Under Part 2
39 Re-survey of s29 or 32 land in municipality
50% of the registered owners of the parcels of land to be affected,
or without an application, pass a resolution that it is desirable to
re-survey and place monuments at the corners of parcels surveyed
in accordance with section 29 or 32.
(2) On receipt of a resolution under subsection (1), the Minister
may direct the Director or a surveyor appointed by the Director to
re-survey the land in question and to place monuments of a style
approved by the Minister for that purpose at the corners of the land.
(3) Before beginning the re-survey, the Director shall publish
notice of it in one issue of The Alberta Gazette and once each week
for 2 consecutive weeks in a newspaper that circulates in the
neighbourhood of the land to be re-surveyed.
(4) Any person
(a) who claims to know the position of any of the survey
monuments defining the land to be re-surveyed, or
(b) who claims to be in possession of information whereby the
position of monuments can be established,
may, before the commencement of the re-survey, notify the
Minister by registered mail of the information in that person's
possession regarding the matters referred to in clauses (a) and (b).
RSA 2000
(5) Before re-establishing a monument with respect to which
notice has been given, the Director or a surveyor appointed by the
Director shall, by registered letter or personal service, request the
person who has given the notice under subsection (4) to appear
before the Director at a time and place specified to show the
position of the monument or to produce the evidence in the
person's possession with regard to it.
(6) The Director, or a surveyor appointed by the Director, shall
(a) commence the re-survey in accordance with this Act not les s
than 2 weeks after the last publication of the notice under
subsection (3),
(b) place monuments to mark the corners of the re-surveyed
land, and
(c) submit a plan and other recor ds respecting the re-survey to
the Minister.
1987 cS-29.1 s35;1998 c22 s43