January 17, 2007
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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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January 17 2007

January 17, 2007


The next edition of the manual of surveying instructions and the modern cadastre

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


January 17 2007

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?


January 17 2007

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?


January 17 2007

OHA →

IBLA

IBIA

IBCA


January 17 2007

Bureau of Land Management


Cadastral presence

Cadastral Presence

  • At the DOI level – BLM is 1 of 15 Bureaus and Offices

  • Within BLM – Cadastral is one of nearly 60 programs


January 17 2007

What is the

Manual of Instructions for the Survey of the Public Lands of the United States? (Manual)

Whom/What is affected?


January 17 2007

Why is the Manual

Relevant to the County, State and Private Surveyor in Kansas?


January 17 2007

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.


January 17 2007

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.


January 17 2007

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


January 17 2007

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


January 17 2007

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


January 17 2007

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)


January 17 2007

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


January 17 2007

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)


January 17 2007

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


January 17 2007

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


Supreme court of kansas hoyne v schneider 138 kan 545 1933 aff d on reh g 139 kan 676 1934

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.


Supreme court of kansas appeal of martin 86 kan 336 1912

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


Supreme court of kansas appeal of martin 86 kan 336 19121

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


Supreme court of kansas gnadt v durr 208 kan 783 1972

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.


Supreme court of kansas neiman v davis 166 kan 246 1948 aff d 170 kan 208 1950

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.


Supreme court of kansas hoyne v schneider 138 kan 545 1933 aff d on reh g 139 kan 676 19341

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


Supreme court of kansas neiman v davis 166 kan 246 1948 aff d 170 kan 208 19501

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.


Supreme court of kansas hoyne v schneider 138 kan 545 1933 aff d on reh g 139 kan 676 19342

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.


United states code title 43 public lands 2

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


January 17 2007

Other Federal Laws – Containing Survey Rules –

The Federal Survey Rules

Title 43 U.S.C. §§ 751-753, 770, 772, 773


United states code title 25 indians 176

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


Interior board of land appeals howard vagneur 159 ibla 272 2003

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’


Interior board of land appeals howard vagneur 159 ibla 272 20031

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


January 17 2007

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).


January 17 2007

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.)


January 17 2007

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.


January 17 2007

Is there still a need for the Manual?


January 17 2007

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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