AGO 1993-060.

• Case Date: December 20, 1993
• Court: Ohio

Ohio Attorney General Opinions 1993. AGO 1993-060. December 20, 1993OPINION NO. 1993-060The Honorable Robert N. Rosenberger Pike County Prosecuting Attorney 108 North Market Street Waverly, Ohio 45690 Dear Prosecutor Rosenberger: You have requested an opinion concerning the preparation of "surveys" of real property by an individual who is not a registered surveyor. A member of your staff indicates that your concern arises from the following situation: a property owner who is not a registered surveyor plans to subdivide his property. Such property is not located within a municipality. The property owner also intends to prepare a plat of the subdivision for submission to the county planning commission for approval, as required by R.C. 711.10.(fn1)

Platting Requirements of R.C. Chapter 711

R.C. Chapter 711 establishes various requirements for the platting of real property.(fn2) R.C. 711.01 states:

Any person may lay out a village, or subdivision or addition to a municipal corporation, by causing the territory to be surveyed, and by having a plat of it made by a competent surveyor. The plat shall particularly describe the streets, alleys, commons, or public grounds, and all in-lots, out-lots, fractional- lots, within or adjacent to such village. The description shall include the courses, boundaries, and extent. (Emphasis added.)

Upon completion of a plat, prepared in accordance with R.C. 711.03, it "shall be certified by the surveyor and acknowledged by the owner...." R.C. 711.04 (emphasis added). The question arises, therefore, as to whether the platting requirements of R.C. Chapter 711 are satisfied where a person who is not a registered surveyor prepares a plat of a subdivision of his own property, located outside of a municipality, to be submitted to a county planning commission for approval under R.C. 711.10. In order to answer this question, it is necessary to examine the provisions of R.C. Chapter 4733 concerning the practice of professional surveying. See State ex rel. Pratt v. Weygandt, 164 Ohio St. 463, 132 N.E.2d 191 (1956) (syllabus, paragraph two) ("[s]tatutes relating to the same matter or subject, although passed at different times and making no reference to each other, are in pari materia and should be read together to ascertain and effectuate if possible the legislative intent"). ...