The Next Edition of the The Next Edition of the Manual of Surveying Instructions Manual of Surveying Instructions and the Modern Cadastre and the Modern Cadastre Presented by: Presented by: Dave Morlan, BLM Chief Cadastral Surveyor Dave Morlan, BLM Chief Cadastral Surveyor Nevada State Office, Reno, NV Nevada State Office, Reno, NV and and Bob Dahl, BLM Cadastral Surveyor Bob Dahl, BLM Cadastral Surveyor Division of Lands, Realty & Cadastral Division of Lands, Realty & Cadastral Survey Survey Washington, D.C. Washington, D.C. 2009 Nevada Association of Land Surveyors/Arizona 2009 Nevada Association of Land Surveyors/Arizona Professional Land Surveyors Conference & Professional Land Surveyors Conference & Technology Exposition Technology Exposition Las Vegas, NV Las Vegas, NV March 17, 2009 March 17, 2009
Transcript
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:
Dave Morlan, BLM Chief Cadastral SurveyorDave Morlan, BLM Chief Cadastral SurveyorNevada State Office, Reno, NV Nevada State Office, Reno, NV andand
Bob Dahl, BLM Cadastral SurveyorBob Dahl, BLM Cadastral SurveyorDivision of Lands, Realty & Cadastral SurveyDivision of Lands, Realty & Cadastral Survey
Washington, D.C.Washington, D.C.
2009 Nevada Association of Land Surveyors/Arizona Professional 2009 Nevada Association of Land Surveyors/Arizona Professional Land Surveyors Conference & Technology ExpositionLand Surveyors Conference & Technology Exposition
Las Vegas, NVLas Vegas, NVMarch 17, 2009March 17, 2009
Cadastre – Cadastral – Cadastral Survey
Agenda
What is the Manual of Surveying Instructions?
Why is the Manual relevant to Private, County, and State Surveyors in Nevada?
Scope of the project-Technical project nested in a web ofadministration and legal processes
Agenda
What is the process?
How are we going about it?
Where are we to date?
OHA → ↑ IBLA IBIA IBCA
Cadastral PresenceCadastral Presence
• At the BLM State Office level – Cadastral is 1 of 45 Programs, and is considered “support”
• Within BLM Nevada – Cadastral has 2% of the total State Office personnel
What is theWhat is the
Manual of Surveying InstructionsManual of Surveying Instructions? ? (Manual)(Manual)
Whom/What is affected?Whom/What is affected?
Why is the ManualWhy is the Manual
Relevant to the Private, County, and State Relevant to the Private, County, and State Surveyor in Nevada?Surveyor in Nevada?
NEVADA REVISED STATUTESNEVADA REVISED STATUTESTitle 26. Public LandsTitle 26. Public Lands
Chapter 329. Perpetuation of CornersChapter 329. Perpetuation of Corners
N.R.S. § 329.160.N.R.S. § 329.160.The Board shall prescribe the information The Board shall prescribe the information
required for recording corner recordsrequired for recording corner records
NEVADA ADMINISTRATIVE CODENEVADA ADMINISTRATIVE CODEChapter 329. Perpetuation of CornersChapter 329. Perpetuation of Corners
N.A.C. § 329.010. Corner RecordsN.A.C. § 329.010. Corner Records
5. PLSS corners must be identified pursuant 5. PLSS corners must be identified pursuant to the provisions of the Manual, which is hereby to the provisions of the Manual, which is hereby
adoptedadopted
SUPREME COURT OF NEVADASUPREME COURT OF NEVADABacker v. GowenBacker v. Gowen, 73 Nev. 34 (1957), 73 Nev. 34 (1957)
As a matter of law, the trial court recognized As a matter of law, the trial court recognized that the original monument controlsthat the original monument controls
In case of material disagreement between the In case of material disagreement between the particular evidence in question and the record particular evidence in question and the record
calls, Manual is referencedcalls, Manual is referenced
SUPREME COURT OF NEVADASUPREME COURT OF NEVADABacker v. GowenBacker v. Gowen, 73 Nev. 34 (1957), 73 Nev. 34 (1957)
Reestablish a lost interior section corner by Reestablish a lost interior section corner by double proportionate measurement as defined double proportionate measurement as defined
by the Manualby the Manual
SUPREME COURT OF NEVADASUPREME COURT OF NEVADAHanneman v. DownerHanneman v. Downer, 110 Nev. 167 (1994), 110 Nev. 167 (1994)
Substantial evidence supports District court’s Substantial evidence supports District court’s determination that the surveyor failed to meet determination that the surveyor failed to meet
the requisite standard of care the requisite standard of care
Monuments prevails over calls and distancesMonuments prevails over calls and distances
SUPREME COURT OF NEVADASUPREME COURT OF NEVADAHanneman v. DownerHanneman v. Downer, 110 Nev. 167 (1994), 110 Nev. 167 (1994)
““corner” “monument” “accessories” “field notes” corner” “monument” “accessories” “field notes” are defined per the Manual are defined per the Manual
Manual provides the controlling methodology for Manual provides the controlling methodology for the survey the survey
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, 772, 773, 1737(c)§ 751-753, 772, 773, 1737(c)
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 3) Manual defines “existent” “obliterated” and “lost” corners“lost” corners
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 regular5) BLM Official Surveys are presumed regular
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
What percentage of Nevada has What percentage of Nevada has been surveyed by the PLSS?been surveyed by the PLSS?
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 attached 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
1973 Manual Next Edition
Ch. 1 - The General Plan
Ch. 2 - Methods of Survey
Ch. 3 - System of…..
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 - System of…..
Ch. 4 - Monumentation
Ch. 5 - Principles of Resurveys
Ch. 6 - Resurveys and Evidence
Ch. 7 - Resurveys and Restoration
Ch. 8 - Water Boundaries
Ch. 9 - Special Instructions……..
Ch. 10 -Special Surveys and Mineral Surveys
Chapter CrosswalkChapter Crosswalk
Areas of:Areas of: Change – Clarification - Addition
• Water boundaries
• Standard of evidence
• Coordinates as collateral evidence
• Technology
• Mineral survey resurveys
• Closing corners
• Bona Fide Rights & Good Faith Location
Water BoundariesWater BoundariesChapters III and VIIIChapters III and VIII
Chapter III includes concepts and case studies of original surveys and water boundaries.
Chapter VIII includes concepts and case studies of resurveys and water boundaries.
Navigability determinations.
Submerged lands issues.
Ownership of unsurveyed islands in meandered nonnavigable waters.
Standard of Evidence 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”
(More than a scintilla, but less than a preponderance)
Existent – Obliterated - Lost corner definitions use “substantial evidence” standard.
CoordinatesCoordinatesas as
Collateral EvidenceCollateral Evidence
Repeatable coordinates may be the best available evidence for the position of an obliterated corner.
“…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.”
Measurement TechnologyMeasurement TechnologyChange in PrincipalChange in Principal
The next 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.
Mineral Survey ResurveysMineral Survey Resurveys
Expanded instructions for mineral survey resurveys, mineral leasing surveys, and mineral segregation surveys.
Incorporates much that is in the BLM publication “Mineral Survey Procedures Guide.”
For treatment of closing corners, the Manual will instruct the surveyor to determine how an existing closing corner was established.
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.
Bona Fide RightsBona Fide Rightsandand
Good Faith LocationGood Faith Location
Before we get carried away with these doctrines: A landowner's bona fide belief concerning the boundary between his land and Federal interest land is not the same as a bona fide right that must be protected in a survey under 43 U.S.C. § 772. Although a person may have a bona fide belief, based on an understanding with a predecessor-in-interest that a fence marks a boundary, a bona fide right within the meaning of 43 U.S.C. § 772 is based on good faith reliance on evidence of the original survey. Tracy v. Rylee, 174 IBLA 239 (2008).
