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January 17, 2007

January 17, 2007. The Next Edition of the Manual of Surveying Instructions and the Modern Cadastre. Presented by: Bob Casias, BLM Chief Cadastral Surveyor Kansas/Texas/Oklahoma/New Mexico State Office, Santa Fe, NM and Bob Dahl, BLM Cadastral Surveyor

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January 17, 2007

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  1. January 17, 2007

  2. The Next Edition of theManual of Surveying Instructionsand the Modern Cadastre Presented by: Bob Casias, BLM Chief Cadastral Surveyor Kansas/Texas/Oklahoma/New Mexico State Office, Santa Fe, NM and Bob Dahl, BLM Cadastral Surveyor Lands, Realty & Cadastral Survey Division Washington, D.C. Salina Seminar 2007 – Kansas Society of Land Surveyors Salina, KS January 11, 2007

  3. Agenda Cadastre – Cadastral – Cadastral Survey What is the Manual of Surveying Instructions? Why is the Manual relevant to the County, State and Private Surveyors in Kansas?

  4. Agenda Scope of the project - Technical project nested in a web of administration What is the process? How are we going about it? Where are we to date?

  5. OHA → ↑ IBLA IBIA IBCA

  6. Bureau of Land Management

  7. Cadastral Presence • At the DOI level – BLM is 1 of 15 Bureaus and Offices • Within BLM – Cadastral is one of nearly 60 programs

  8. What is the Manual of Instructions for the Survey of the Public Lands of the United States? (Manual) Whom/What is affected?

  9. Why is the Manual Relevant to the County, State and Private Surveyor in Kansas?

  10. KANSAS STATUTES ANNOTATEDChapter 19. Counties and County OfficersArticle 14. County Surveyor or Engineer KSA § 19-1421. all surveys shall show variations of magnetic needle from true meridian.

  11. KANSAS STATUTES ANNOTATEDChapter 19. Counties and County OfficersArticle 14. County Surveyor or Engineer KSA § 19-1422. Rules to be observed in resurvey under authority of the United States. Section & quarter corners stand as the true corners; They must be re-established where located by the government surveyor; and When (2) cannot be done, must be re-established in accordance with KSA 19-1412.

  12. KANSAS STATUTES ANNOTATEDChapter 19. Counties and County OfficersArticle 14. County Surveyor or Engineer KSA § 19-1412. Re-establishment of missing corners. Will be in accordance with the government surveys; by proportionate measurement

  13. KANSAS STATUTES ANNOTATEDChapter 74. State Boards, Commissions and AuthoritiesArticle 70. State Board of Technical Professions KSA § 74-7003(k). “Practice of land surveying” includes: Reestablishing of missing government section corners in accordance with government surveys

  14. KANSAS STATUTES ANNOTATEDChapter 19. Counties and County OfficersArticle 14. County Surveyor or Engineer KSA § 19-1409. Method of subdividing sections into quarter sections. Tracing straight lines between opposite corresponding corners; point of intersection Except: for center corners of sections already established according to law

  15. Surveys are always inaccurate, and this inaccuracy arises partly from the imperfection of instruments and largely from the natural infirmities inherent in all men, which even the most skillful surveyors and chainmen cannot wholly overcome, and also largely from negligence and carelessness. No two surveys are ever alike; and while the map and field-notes of a survey may purport to show the exact elements of the survey in all their details and particulars, yet they never do so and never can. Hence the necessity for relying upon the actual survey as made upon the ground, and not conclusively upon the map and field-notes of such survey.Shaffer v. Weech, 34 Kan. 595 (1886)

  16. KANSAS STATUTES ANNOTATEDChapter 19. Counties and County OfficersArticle 14. County Surveyor or Engineer KSA § 19-1411. Establishment of center corners and quarter-section corners of sections closing on a parallel or base line. Run north parallel to east boundary and at 40 chains establish center quarter corner At intersect with north boundary and 40 chains west of NE corner establish the quarter corner

  17. KANSAS ADMINISTRATIVE REGULATIONS Agency 66. State Board of Technical ProfessionsArticle 12. Minimum Standards for the Practice of Land Surveying KAR § 66-12-1. Minimum standards for the practice of land surveying. Board adopts by reference: (c) the “Kansas minimum standards for boundary surveys ….. “ adopted by KSLS (10/23/98)

  18. Kansas Society of Land SurveyorsKansas Minimum Standards for Boundary Surveys and Mortgagee Title Inspections Standards of Practice #1(10/23/98) Plat or Certificate of Survey 10) Clearly indicate the theory of location of each corner

  19. Kansas Society of Land SurveyorsKansas Minimum Standards for Boundary Surveys and Mortgagee Title Inspections Standards of Practice #1(10/23/98) Perpetuation 3) Sufficient documentation of the theory applied in finalizing location of: re-establishment of lost monuments; or replacement of obliterated monuments

  20. SUPREME COURT OF KANSASHoyne v. Schneider, 138 Kan. 545 (1933);aff’d on reh’g, 139 Kan. 676 (1934) The federal statutes make provision for the surveyor’s field notes, plats, and the survey being made a part of each patent and a part of the records of the state.

  21. SUPREME COURT OF KANSASAppeal of Martin, 86 Kan. 336 (1912) In the resurvey of lands surveyed under authority of U.S. the county surveyor shall observe the following rules: First, corners established by government must stand as the true corners; Second, corners must be reestablished at the identical spot located by the government surveyor; and

  22. SUPREME COURT OF KANSASAppeal of Martin, 86 Kan. 336 (1912) Third, when original corner locations are not found they must be reestablished according to the government field notes, adopting proportionate measurements. The objective of every resurvey is to find or reestablish the lines and corners fixed by the government

  23. SUPREME COURT OF KANSASGnadt v. Durr, 208 Kan. 783 (1972) In a survey to establish the legal subdivision of a section, it is the duty of the county surveyor, and of the court on appeal, to relocate the line according to the statutory rules for reproducing United States government surveys.

  24. SUPREME COURT OF KANSASNeiman v. Davis, 166 Kan. 246 (1948);aff’d, 170 Kan. 208 (1950) In a survey to establish the W1/16 sec. cor. of sections 19 & 30, it is the duty of the county surveyor, to locate the corner according to the statutory rules for reproducing United States government surveys. By doing so the county surveyor properly followed Kansas statutory requirements.

  25. SUPREME COURT OF KANSASHoyne v. Schneider, 138 Kan. 545 (1933);aff’d on reh’g, 139 Kan. 676 (1934) “east half’ and “west half” when made with reference to federal government survey is to be determined by reference to such survey

  26. SUPREME COURT OF KANSASNeiman v. Davis, 166 Kan. 246 (1948);aff’d, 170 Kan. 208 (1950) Adverse possession may change the title to real property, but it cannot change the location of a section or other legal subdivision line.

  27. SUPREME COURT OF KANSASHoyne v. Schneider, 138 Kan. 545 (1933);aff’d on reh’g, 139 Kan. 676 (1934) However, a conveyance of one half of a lot or forty-acre tract formed by the government survey will not be presumed to intend a further subdivision by an extension of the method of subdivision by which it was created.

  28. UNITED STATES CODETitle 43 Public Lands § 2 The Secretary of the Interior or such officer as he may designate (BLM) shall perform all executive duties appertaining to the surveying and sale of the public lands of the United States

  29. Other Federal Laws – Containing Survey Rules – The Federal Survey Rules Title 43 U.S.C. §§ 751-753, 770, 772, 773

  30. UNITED STATES CODETitle 25 Indians § 176 Whenever it becomes necessary to survey any Indian lands, the same shall be surveyed under the direction and control of the BLM And as nearly as may be in conformity to the rules and regulations under which other public lands are surveyed

  31. INTERIOR BOARD OF LAND APPEALSHoward Vagneur, 159 IBLA 272 (2003) 1) BLM is authorized to resurvey the corners and lines of government surveys 2) BLM Survey Manual defines a resurvey 3) Manual defines ‘existent’ ‘obliterated’ and ‘lost’ corners 4) Manual provides guidance to surveyors on how to base a resurvey on the ‘best available evidence’

  32. INTERIOR BOARD OF LAND APPEALSHoward Vagneur, 159 IBLA 272 (2003) 5) BLM Official Surveys are presumed regular; and 6) An accurate retracement and reestablishment of the lines of the original survey

  33. United States Supreme Court It is settled law that the United States may survey what it owns and thereby establish and reestablish boundaries, but what the government does in this regard is for its own information and cannot affect the rights of owners on the other side of an existing boundary. United States v. State Investment Co., 264 U.S. 206, 212 (1924), citing Lane v. Darlington, 249 U.S. 331, 333 (1919).

  34. MANUAL The Manual of Surveying Instructions describes how cadastral surveys of the public lands are made in conformance to statutory law and its judicial interpretation. (1973 Manual § 1-1.) It is within the province of the Director to determine what are public lands, what lands have been surveyed, what are to be surveyed, what have been disposed of, what remains to be disposed of, and what are reserved. (1973 Manual § 1-11.)

  35. SUMMARY By fundamental law, upon the issuance of a patent for land by the Federal government; it is just as if the monuments, survey plat and field notes, and the laws, regulations and rules governing how to survey the land described in the patent, are stapled to the face of the patent. The survey rules are spelled out in the manuals, circulars, instructions and regulations issued by the GLO and later by the BLM.

  36. Is there still a need for the Manual?

  37. Next Edition Website http://www.blm.gov/cadastral/Manual/nextedition.htm Contact Information Announcements: Upcoming Presentations General Information http://www.geocommunicator.gov/GeoComm/lsis_home/home/index.html http://www.glorecords.blm.gov

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