33-103. Monuments at section and quarter section corners; reestablishment of corners; monument requirements; destruction of monuments; classification

A. Landmarks or monuments established under the provisions of this article shall be set at the section corners and quarter section corners established by the United States survey. If there is a clerical error or omission in the government field notes or bearings, trees, mounds, fences or other locating evidences specified therein, or if they are destroyed or lost and there is no evidence by which the corners established by the United States survey can be identified, the land surveyor shall reestablish the corners under rules adopted by the United States for the survey of public lands.

B. Landmarks or monuments established pursuant to this section shall be presumptively at the section and quarter section corners as originally established by the United States survey.

C. The monument shall:

1. Be not less than two and one-half feet in length and constructed of durable material, preferably of metal rod or pipe.

2. Identify on the top of the monument the point of survey by punch mark or scribed cross.

3. Identify on the top of a monument set at section corners the proper numbering of the sections for which the monument forms a landmark.

4. Identify the quarter section for those monuments set at quarter section corners.

5. Bear the Arizona registration number of the land surveyor.

6. Be magnetically detectable.

7. Be placed firmly in the ground, leaving the top flush with the surface or recessed in a hand hole when placed on a public highway, or when not on a public highway set to the best judgment of the land surveyor to perpetuate the corner.

D. A person who knowingly or by gross negligence destroys, disfigures, removes or disturbs monuments described in subsection C or other permanent monuments set by the land surveyor which have the land surveyor's or public agency's cap or tag affixed to the monument is guilty of a class 2 misdemeanor.

E. A person acting independently or a person in responsible charge of another person who destroys, disfigures or disturbs monuments described in subsection C or other permanent monuments set by the land surveyor which have the land surveyor's or public agency's cap or tag affixed to the monument shall be civilly liable to the state, political subdivision or any other person for all costs associated with restoration or replacement of any monument destroyed, disfigured, removed or disturbed. The remedies under this subsection are in addition to any penalty which can be imposed under subsection D.