January 17, 2007

January 17, 2007January 17, 2007

The Next Edition of theThe Next Edition of theManual of Surveying InstructionsManual of Surveying Instructions

and the Modern Cadastreand the Modern CadastrePresented by:Presented by:

Bob Casias, BLM Chief Cadastral SurveyorBob Casias, BLM Chief Cadastral SurveyorKansas/Texas/Oklahoma/New Mexico State Office, Kansas/Texas/Oklahoma/New Mexico State Office,

Santa Fe, NM Santa Fe, NM andand

Bob Dahl, BLM Cadastral SurveyorBob Dahl, BLM Cadastral SurveyorLands, Realty & Cadastral Survey DivisionLands, Realty & Cadastral Survey Division

Washington, D.C.Washington, D.C.

Salina Seminar 2007 – Kansas Society of Land SurveyorsSalina Seminar 2007 – Kansas Society of Land SurveyorsSalina, KSSalina, KS

January 11, 2007January 11, 2007

Cadastre – Cadastral – Cadastral Survey

Agenda

What is the Manual of Surveying Instructions?

Why is the Manual relevant to the County, State and Private Surveyors in Kansas?

Scope of the project- Technical project nested in a web of administration

Agenda

What is the process?

How are we going about it?

Where are we to date?

OHA → ↑ IBLA IBIA IBCA

Bureau of Land ManagementBureau of Land Management

Cadastral PresenceCadastral Presence

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

• Within BLM – Cadastral is one of nearly 60 programs

What is theWhat is the

Manual of Instructions for the Manual of Instructions for the Survey of the Public Lands of the Survey of the Public Lands of the

United StatesUnited States? (Manual)? (Manual)

Whom/What is affected?Whom/What is affected?

Why is the ManualWhy is the Manual

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

KANSAS STATUTES ANNOTATEDKANSAS STATUTES ANNOTATEDChapter 19. Counties and County OfficersChapter 19. Counties and County OfficersArticle 14. County Surveyor or EngineerArticle 14. County Surveyor or Engineer

KSA KSA § 19-1421. all surveys shall show variations § 19-1421. all surveys shall show variations of magnetic needle from true meridian.of magnetic needle from true meridian.


KSA § 19-1422. Rules to be observed in resurvey KSA § 19-1422. Rules to be observed in resurvey under authority of the United States.under authority of the United States.

They must be re-established where located by They must be re-established where located by the government surveyor; andthe government surveyor; and

When (2) cannot be done, must be re-established When (2) cannot be done, must be re-established in accordance with KSA 19-1412.in accordance with KSA 19-1412.

Section & quarter corners stand as the true Section & quarter corners stand as the true corners;corners;


KSA § 19-1412. Re-establishment of missing KSA § 19-1412. Re-establishment of missing corners.corners.

Will be in accordance with the government Will be in accordance with the government surveys; by proportionate measurementsurveys; by proportionate measurement

KANSAS STATUTES ANNOTATEDKANSAS STATUTES ANNOTATEDChapter 74. State Boards, Commissions and Chapter 74. State Boards, Commissions and

AuthoritiesAuthoritiesArticle 70. State Board of Technical ProfessionsArticle 70. State Board of Technical Professions

KSA § 74-7003(k). “Practice of land surveying” KSA § 74-7003(k). “Practice of land surveying” includes:includes:

Reestablishing of missing government section Reestablishing of missing government section corners in accordance with government surveyscorners in accordance with government surveys


KSA KSA § 19-1409. Method of subdividing sections § 19-1409. Method of subdividing sections into quarter sections.into quarter sections.

Except: for center corners of sections already Except: for center corners of sections already established according to lawestablished according to law

Tracing straight lines between opposite Tracing straight lines between opposite corresponding corners; point of intersectioncorresponding corners; point of intersection

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


KSA § 19-1411. Establishment of center corners KSA § 19-1411. Establishment of center corners and quarter-section corners of sections closing and quarter-section corners of sections closing

on a parallel or base line.on a parallel or base line.

At intersect with north boundary and 40 chainsAt intersect with north boundary and 40 chains west of NE corner establish the quarter cornerwest of NE corner establish the quarter corner

Run north parallel to east boundary andRun north parallel to east boundary and at 40 chains establish center quarter cornerat 40 chains establish center quarter corner

Agency 66. State Board of Technical ProfessionsAgency 66. State Board of Technical ProfessionsArticle 12. Minimum Standards for the Practice of Article 12. Minimum Standards for the Practice of Land SurveyingLand Surveying

KANSAS ADMINISTRATIVE REGULATIONSKANSAS ADMINISTRATIVE REGULATIONS

KAR § 66-12-1. Minimum standards for the KAR § 66-12-1. Minimum standards for the practice of land surveying.practice of land surveying.Board adopts by reference:Board adopts by reference:(c) the “Kansas minimum standards for boundary (c) the “Kansas minimum standards for boundary

surveys ….. “ adopted by KSLS surveys ….. “ adopted by KSLS (10/23/98)(10/23/98)

Kansas Society of Land SurveyorsKansas Society of Land SurveyorsKansas Minimum Standards for Boundary Kansas Minimum Standards for Boundary Surveys and Mortgagee Title Inspections Surveys and Mortgagee Title Inspections

Standards of Practice #1Standards of Practice #1 (10/23/98)(10/23/98)

Plat or Certificate of SurveyPlat or Certificate of Survey10) Clearly indicate the theory of location of each 10) Clearly indicate the theory of location of each

cornercorner

Kansas Society of Land SurveyorsKansas Society of Land SurveyorsKansas Minimum Standards for Boundary Kansas Minimum Standards for Boundary Surveys and Mortgagee Title Inspections Surveys and Mortgagee Title Inspections

Standards of Practice #1Standards of Practice #1 (10/23/98)(10/23/98)

PerpetuationPerpetuation3) Sufficient documentation of the theory applied 3) Sufficient documentation of the theory applied

in finalizing location of:in finalizing location of: re-establishment of lost monuments; orre-establishment of lost monuments; or replacement of obliterated monumentsreplacement of obliterated monuments

SUPREME COURT OF KANSASSUPREME COURT OF KANSASHoyne v. SchneiderHoyne v. Schneider, 138 Kan. 545 (1933);, 138 Kan. 545 (1933);

aff’d on reh’g,aff’d on reh’g, 139 Kan. 676 (1934) 139 Kan. 676 (1934)

The federal statutes make provision for the The federal statutes make provision for the surveyor’s field notes, plats, and the survey being surveyor’s field notes, plats, and the survey being

made a part of each patent and a part of the made a part of each patent and a part of the records of the state.records of the state.

SUPREME COURT OF KANSASSUPREME COURT OF KANSASAppeal of MartinAppeal of Martin, 86 Kan. 336 (1912), 86 Kan. 336 (1912)

In the resurvey of lands surveyed under authority In the resurvey of lands surveyed under authority of U.S. the county surveyor shall observe the of U.S. the county surveyor shall observe the

following rules:following rules:

First, corners established by government must First, corners established by government must stand as the true corners;stand as the true corners;

Second, corners must be reestablished at the Second, corners must be reestablished at the identical spot located by the government identical spot located by the government

surveyor; andsurveyor; and

SUPREME COURT OF KANSASSUPREME COURT OF KANSASAppeal of MartinAppeal of Martin, 86 Kan. 336 (1912), 86 Kan. 336 (1912)

Third, when original corner locations are not Third, when original corner locations are not found they must be reestablished according to found they must be reestablished according to

the government field notes, adopting the government field notes, adopting proportionate measurements.proportionate measurements.

The objective of every resurvey is to find or The objective of every resurvey is to find or reestablish the lines and corners fixed by the reestablish the lines and corners fixed by the

governmentgovernment

SUPREME COURT OF KANSASSUPREME COURT OF KANSASGnadt v. DurrGnadt v. Durr, 208 Kan. 783 (1972), 208 Kan. 783 (1972)

In a survey to establish the legal subdivision of a In a survey to establish the legal subdivision of a section, it is the duty of the county surveyor, and section, it is the duty of the county surveyor, and

of the court on appeal, to relocate the line of the court on appeal, to relocate the line according to the statutory rules for reproducing according to the statutory rules for reproducing

United States government surveys.United States government surveys.

SUPREME COURT OF KANSASSUPREME COURT OF KANSASNeiman v. DavisNeiman v. Davis, 166 Kan. 246 (1948);, 166 Kan. 246 (1948);

aff’d,aff’d, 170 Kan. 208 (1950) 170 Kan. 208 (1950)

In a survey to establish the W1/16 sec. cor. of In a survey to establish the W1/16 sec. cor. of sections 19 & 30, it is the duty of the county sections 19 & 30, it is the duty of the county

surveyor, to locate the corner according to the surveyor, to locate the corner according to the statutory rules for reproducing United States statutory rules for reproducing United States

government surveys.government surveys.

By doing so the county surveyor properly By doing so the county surveyor properly followed Kansas statutory requirements.followed Kansas statutory requirements.



““east half’ and “west half” when made with east half’ and “west half” when made with reference to federal government survey is to be reference to federal government survey is to be

determined by reference to such surveydetermined by reference to such survey

SUPREME COURT OF KANSASSUPREME COURT OF KANSASNeiman v. DavisNeiman v. Davis, 166 Kan. 246 (1948);, 166 Kan. 246 (1948);

aff’d,aff’d, 170 Kan. 208 (1950) 170 Kan. 208 (1950)

Adverse possession may change the title to real Adverse possession may change the title to real property, but it cannot change the location of a property, but it cannot change the location of a

section or other legal subdivision line.section or other legal subdivision line.



However, a conveyance of one half of a lot or However, a conveyance of one half of a lot or forty-acre tract formed by the government survey forty-acre tract formed by the government survey

will not be presumed to intend a further will not be presumed to intend a further subdivision by an extension of the method of subdivision by an extension of the method of

subdivision by which it was created.subdivision by which it was created.

UNITED STATES CODEUNITED STATES CODETitle 43 Public Lands Title 43 Public Lands § 2§ 2

The Secretary of the Interior or such The Secretary of the Interior or such officer as he may designate (BLM) shall officer as he may designate (BLM) shall perform all executive duties appertaining perform all executive duties appertaining

to the surveying and sale of the public to the surveying and sale of the public lands of the United Stateslands of the United States

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

Other Federal Laws – Containing Survey Rules –Other Federal Laws – Containing Survey Rules –The Federal Survey RulesThe Federal Survey Rules

UNITED STATES CODEUNITED STATES CODETitle 25 Indians Title 25 Indians § 176§ 176

Whenever it becomes necessary to survey Whenever it becomes necessary to survey any Indian lands, the same shall be any Indian lands, the same shall be

surveyed under the direction and control of surveyed under the direction and control of the BLMthe BLM

And as nearly as may be in conformity to And as nearly as may be in conformity to the rules and regulations under which other the rules and regulations under which other

public lands are surveyedpublic lands are surveyed

INTERIOR BOARD OF LAND APPEALSINTERIOR BOARD OF LAND APPEALSHoward VagneurHoward Vagneur, 159 IBLA 272 (2003), 159 IBLA 272 (2003)

1) BLM is authorized to resurvey the corners and 1) BLM is authorized to resurvey the corners and lines of government surveys lines of government surveys

2) BLM Survey Manual defines a resurvey2) BLM Survey Manual defines a resurvey

3) Manual defines ‘existent’ ‘obliterated’ and ‘lost’ 3) Manual defines ‘existent’ ‘obliterated’ and ‘lost’ cornerscorners

4) Manual provides guidance to surveyors on 4) Manual provides guidance to surveyors on how to base a resurvey on the ‘best available how to base a resurvey on the ‘best available evidence’evidence’

INTERIOR BOARD OF LAND APPEALSINTERIOR BOARD OF LAND APPEALSHoward VagneurHoward Vagneur, 159 IBLA 272 (2003), 159 IBLA 272 (2003)

6) An accurate retracement and reestablishment 6) An accurate retracement and reestablishment of the lines of the original surveyof the lines of the original survey

5) BLM Official Surveys are presumed regular; 5) BLM Official Surveys are presumed regular; andand

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).

United States Supreme CourtUnited States Supreme Court

The Manual of Surveying Instructions describes The Manual of Surveying Instructions describes how cadastral surveys of the public lands are how cadastral surveys of the public lands are made in conformance to statutory law and its made in conformance to statutory law and its judicial interpretation. (1973 Manual judicial interpretation. (1973 Manual § 1-1.)§ 1-1.)

It is within the province of the Director to determine It is within the province of the Director to determine what are public lands, what lands have been what are public lands, what lands have been

surveyed, what are to be surveyed, what have been surveyed, what are to be surveyed, what have been disposed of, what remains to be disposed of, and disposed of, what remains to be disposed of, and

what are reserved.what are reserved.(1973 Manual (1973 Manual § 1-11.)§ 1-11.)

MANUALMANUAL

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.

SUMMARY

Is there still a need for the Manual?Is there still a need for the Manual?

http://www.blm.gov/cadastral/Manual/nextedition.htmhttp://www.blm.gov/cadastral/Manual/nextedition.htm

Contact InformationContact Information

Announcements: Upcoming PresentationsAnnouncements: Upcoming Presentations

General InformationGeneral Informationhttp://www.geocommunicator.gov/GeoComm/http://www.geocommunicator.gov/GeoComm/

lsis_home/home/index.htmllsis_home/home/index.html

http://http://www.glorecords.blm.govwww.glorecords.blm.gov

Next Edition WebsiteNext Edition Website

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January 17, 2007