THE ELUSIVECENTER OF

THE SECTION

©

THE PUBLIC LAND SYSTEM

A 200 YEAR, 1.5 BILLION ACRE PROJECT

Initial PLSS

Framework

1784: Theory

1785: Practical “Rules”

1787: Political

PLSS LEGISLATION

The public land system, as we know it today, was created like any other piece of legislation, one piece at a time. The first three land acts laid-out the initial idea in three stages: • Concept• Practice• Revision

LAND ORDINANCE OF 1784

The New States Shall Remain Forever A Part Of The United States Of America

They Shall Bear The Same Relation To The Confederation As The Original States

They Shall Pay Their Apportionment Of The Federal Debts

They Shall, In Their Governments, Uphold Republican Forms

After The Year 1800 There Shall Be Neither Slavery Nor Involuntary Servitude In Any Of Them [deleted from final bill]

THE SEVEN RANGES

The first area to be surveyed in the PLSS

Measured 42 miles by 91 miles, along the Ohio river

U.S. government prohibited settlement by Europeans under the Proclamation Act of 1783 but widely settled by squatters

The first North/South line, known as the Eastern Ohio Meridian, was established along the western boundary of Pennsylvania

The first East/West baseline, known as Ellicott’s line, began where the Pennsylvania boundary touched the north bank of the Ohio River

LAND ORDINANCE OF 1805:THE SANCTITY OF AN ORIGINAL SURVEY

Surveyors Were Paid Little And Mistakes Today Could Be Disastrous Tomorrow

1851 Instructions to the Surveyor General of Oregon

1855 Instructions to the Surveyors General of Public Lands of the United States

1864 Instructions to the Surveyors General, Amendments to the 1855 Manual

1881 Instructions to the Commissioner of the General Land Office to the Surveyors General of the United States

1890 Manual of Surveying Instructions for the Survey of the Public Lands of the United States and Private Claims

BLM MANUALS

Issues

What constitutes the south bank of the Red River?

Where along that bank is the boundary located?

What is the proper mode of locating the boundary on the ground?

OKLAHOMA V. TEXAS 258 U.S. 574 (1922)

REGULAR QUARTER SECTIONS

According to 3-89, the quarter-quarter or sixteenth-quarter sections will be established at points midway between the section and quarter-section corners…except the last half mile of the lines closing on townships boundariesTo find the center of a regular section, use the same methods Use the east and west

¼’s to establish the E/W line

The north and south ¼’s to establish the N/S line

The center of section is located where both lines intersect

CRAGIN V. POWELL (128 U.S. 691, 1888)

THE ISSUEDuring a resurvey, should the bearing and distance control over the evidence left on-the-ground by the original surveyor