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An inside Review of

An inside Review of. 8 th Annual Oregon Institute of Technology and Bureau of Land Management Surveying Workshop Clackamas, Oregon - November 12, 2010. Mary Hartel , BLM Chief Cadastral Surveyor Oregon and Washington Portland, OR Bob Dahl, BLM Cadastral Surveyor

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An inside Review of

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  1. An inside Review of

  2. 8th Annual Oregon Institute of TechnologyandBureau of Land Management Surveying WorkshopClackamas, Oregon - November 12, 2010 Mary Hartel, BLM Chief Cadastral Surveyor Oregon and Washington Portland, OR Bob Dahl, BLM Cadastral Surveyor Division of Lands, Realty and Cadastral Survey Washington, D.C. November 12, 2010

  3. What’s Different? Removed: Obsolete subjects in the 1973 edition of the Manual have not been included in the 2009 Manual. New: Subjects not in the 1973 Manual have been added to the 2009 Manual Clarification: Subjects in the 1973 Manual have been elaborated on in the 2009 Manual

  4. What is new or changed in the Manual of Surveying instructions (2009)

  5. Why is the Manual relevant to the practice of land surveying in your State?

  6. The Manual provides: • Rules to survey the PLSS by • An expression of the intent when Federal Government is grantor • OR / WA: Adoption by State legislature, administrative rule, attorney general opinion, common law, and/or common practice 2009 Manual Section 1-3

  7. OREGON REVISED STATUTESTitle 20. Counties and County OfficersChapter 209. County Surveyors ORS § 209.070. Duties in respect to surveys. The county surveyor shall: (4) Make all surveys of legal subdivisions with reference to the current Manual. ORS § 209.250(1). RPLS shall comply with ORS 209.070(4).

  8. Handouts • Manual Style Guide • Sections Cross Reference Guide; 1973 to 2009

  9. What is removed? 2009 Manual

  10. § 2-66 (1973)The Solar Transit REMOVED

  11. Measurement Technology The 2009 edition is largely technology independent. How the surveyor determines the relationship between point A and point B (measurement procedures; what instrumentation is used) will be determined for each survey from the best available technology to meet the purpose of that survey. How to measure is better handled by special instructions.

  12. Terms / Additions What is new? 2009 Manual

  13. Terms Federal Interest Lands Any land (including subsurface, surface, water column and above surface) with a Federal interest. For purposes of Federal Authority Surveys, the Federal agency currently administrating the land is not relevant. Federally controlled Public lands Public Domain 2009 Manual Sections 1-2fn1 & 1-13

  14. Terms Official Survey/Federal Authority • Request for survey; • Special Instructions; • Assignment Instructions; • Field work; • Field note record; • Plat; • Acceptance for the Director; and • Officially filed. 2009 Manual Section 1-4

  15. Terms Local Survey • A local survey is an opinion on the location of a boundary based on a survey that does not contain every element of an official survey. 2009 Manual Section 1-5

  16. Terms Administrative Survey • An administrative survey is a local survey for a Federal agency executed by a Federal employee or an agent of a Federal agency for administrative purposes. • An opinion on the location of a Federal, including trust or restricted interest boundary, based on an executed land survey that does not contain every element of an official survey. 2009 Manual Section 1-5

  17. Indian Allotment Surveys Subdivision of Section – Three-Mile Method • vs. subdivision of section – statutory method • Original survey plat controls • Former Indian reservation land (ceded lands) can be miles from any current Indian reservation 2009 Manual Sections 10-11 to 10-20

  18. Indian Allotment Surveys Subdivision of Section – Three-Mile Method • Not to be confused with the separate subject of GLO allotment surveys versus United States Indian Service (USIS) allotment surveys 2009 Manual Sections 10-21 to 10-25

  19. What has changed?

  20. Chapters Crosswalk 1973 Edition 2009 Manual Ch. 1 - The General Plan Ch. 2 - Methods of Survey Ch. 3 - The System of Rectangular Surveys Ch. 4 - Monumentation Ch. 5 - Lost or Obliterated Corners Ch. 6 - Resurveys Ch. 7 - Special Surveys and Instructions Ch. 8 - Field Notes Ch. 9 - Plats Ch. 10 - Mineral Surveys Ch. 1 - The General Plan Ch. 2 - Methods of Survey Ch. 3 - The System of Rectangular Surveys Ch. 4 - Monumentation Ch. 5 - Principles of Resurveys Ch. 6 - Resurveys and Evidence Ch. 7 - Resurveys and Restoration Ch. 8 - Resurveys and Water Boundaries Ch. 9 - Special Instructions, Field Notes, and Plats Ch. 10 - Special Surveys and Mineral Surveys

  21. What is “changed”? Very little technical / legal policy has “changed” from The 1973 edition Current BLM policy New and/or Change depends on your definition

  22. Areas of Clarification • Technical Policy • Coordinates as collateral evidence • Resurveys & closing corners • Controlling intermediate corners • Bona fide rights • Standard of evidence • Water boundaries • Mineral survey resurveys

  23. Technical Policy • Prospective in Application • Not Retrospective in Application 2009 Manual Section 6-34

  24. Coordinates as Collateral Evidence • Repeatable within a quantifiable accuracy standard. • Repeatable coordinates may be the best available evidence for the position of an obliterated corner. • The best available evidence may be substantial evidence of the position of the original corner. 2009 Manual Section 2-34

  25. Coordinates as Collateral Evidence Restatement: • “. . . . if the first surveyor documents how he or she obtained the coordinates so the second surveyor can, within an acceptable degree of confidence, determine the same point on the earth's surface (following in the computational footsteps) within an acceptable level of certainty, then coordinates may be the best available evidence of the corner position.” 2009 Manual Section 2-34

  26. Resurveys & Closing Corners A corner, no matter what it has been called in the official record, (closing corner, junior corner, crossing closing corner, intersection point, or corner of minimum control) established during an obviously careful retracement of the intersected, senior, or existing line, can be accepted in place, and may be an angle point in the intersected, senior, or existing line. 2009 Manual Sections 3-74 to 3-79, 7-47 & 7-48

  27. Resurveys & Closing Corners • Historical policy – By policy, closing corner monuments were not intended to be established on intersected line. • Modern policy (adopted between 1902 and 1919) – By policy, closing corner monuments are intended to be established on intersected line. 2009 Manual Section 3-74 to 3-79

  28. Controlling Intermediate Corners • Witness corners • Line trees • Witness points • Meander corners 2009 Manual Sections 6-27 to 6-30

  29. Controlling Intermediate Corners • Controlling intermediate corners control: • Section line alignment • Reestablishment of lost corners • Establishment of minor subdivisional corners 2009 Manual Sections 6-27 to 6-30

  30. Standard of Evidence • Standard of evidence • existent corner – section 6-11 • obliterated corner – section 6-17 • lost corner – section 7-2

  31. Standard of Evidence Interior Board of Land Appeals (IBLA) has altered the evidentiary standard for proof of a corner point: • “beyond reasonable doubt” replaced with “substantial evidence” • Substantial evidence = More than a scintilla, but less than a preponderance • Existent – Obliterated - Lost corner definitions use “substantial evidence” standard.

  32. Bona Fide Rights • 43 U.S.C. 772 – Governs resurveys by GLO/BLM, i.e., shall not impair bona fide rights • Bona fide rights as to location are based on good faith reliance on evidence of the original survey • Bona fide belief is not bona fide rights, see 174 IBLA 239, 251 (2008) 2009 Manual Section 6-40

  33. Water Boundaries Chapter III – original surveys Chapter VIII - resurveys

  34. Mineral Lands Surveys Mineral leasing act surveys 10-77 to 10-85 Riparian rights – mining claims and millsites 10-201 to 10-207 Resurveys of mineral surveys 10-208 to 10-229

  35. Additional Areas of Clarification • Court of Competent Jurisdiction • Fractional Sections • Fictitious, Fraudulent, or Grossly Erroneous Surveys • Cardinal Equivalent

  36. What do you mean I am not the Competent Jurisdiction?

  37. Court of Competent Jurisdiction When is the Manual (Federal rules) applicable and when should the Surveyor look elsewhere for the governing rules (State rules), i.e., source of law question 2009 Manual Sections 1-7 & 1-7(n)

  38. Court of Competent Jurisdiction Last Common Grantor Owner of land when boundary line is created • Federal – Federal Rules • Non-Federal – State Rules • Some States have adopted Federal rules for some situations 2009 Manual Sections 1-7 & 1-7(n)

  39. Court of Competent Jurisdiction Land Status • Public Domain Land – Federal Rules • Acquired Land – Federal or State Rules • Non-Federal Land – State Rules 2009 Manual Sections 1-13 & 1-13(n)

  40. Fractional Sections • What is a fractional section? • How do you subdivide one? • And are the procedures for subdivision of fractional sections by protraction different from the procedures for subdivision of fractional sections by survey? 2009 Manual Sections 3-108 & 3-118 to 3-124 & Figures 3-44 & 3-45

  41. Regular Sections Relative to rectangular surveys the square mile, or section, is the unit of subdivision. The regular township includes 36 sections in all, 25 of which are regular sections returned as containing 640 acres each, subdivided into regular “aliquot parts,” based on midpoint protraction and intersections. 2009 Manual Section 3-32

  42. Irregular Sections Irregular sections against the north and west boundaries, except section 6, contain regular aliquot parts returned as totaling 480 acres with four additional regular lots returned as containing 40 acres plus or minus the excess or deficiency in measurement in each section. Section 6 contains . . . . 2009 Manual Section 3-32

  43. Invaded Sections Sections that are invaded by meanderable bodies of water or by approved claims at variance with the regular legal subdivisions are subdivided by protraction into as many aliquot parts as possible and then lots, as may be necessary to form a suitable basis for the administration . . . . 2009 Manual Section 3-106

  44. (1973) Fractional Sections 1973 Manual used the term “fractional section” in two ways. (1) a section with more or less than 640 acres, and (2) a section in which the opposite corresponding quarter-section corners have not been or cannot be fixed. For subdivisional purposes; identification whether a section is a fractional section or not is critical 2009 Manual Sections 3-118 to 3-124 & Figures 3-44 & 3-45

  45. (2009) Fractional Sections By law a fractional section is (1) a section containing outlying areas protracted as surveyed, or (2) an invaded section in which at least one quarter-section corner has not been or cannot be fixed. The method of subdivision by survey of fractional sections is outlined in 43 U.S.C. 752(2)(cl. 3) and 753(cls. 2 and 4). 2009 Manual Sections 3-106 & 3-118 to 3-124

  46. Fictitious, Fraudulent, or Grossly Erroneous Surveys • Elements of and/or evidence of 2009 Manual Sections 6-58 to 6-68

  47. Cardinal Equivalent Failure to determine the direction of each line with reference to the true meridian (cardinal) could produce erroneous results 2009 Manual Section 7-9

  48. www.blmsurveymanual.org Resources 2009 Manual

  49. http://www.blmsurveymanual.org/

  50. Errata

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