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:

John Farnsworth, Acting Chief Cadastral SurveyorJohn Farnsworth, Acting Chief Cadastral SurveyorOregon/Washington State Office, Portland, OROregon/Washington State Office, Portland, OR

Bob Dahl, Cadastral SurveyorBob Dahl, Cadastral SurveyorBLM Lands and Realty Group, Washington, D.C.BLM Lands and Realty Group, Washington, D.C.

Oregon Association of County Engineers and Oregon Association of County Engineers and Surveyors 2005 Spring ConferenceSurveyors 2005 Spring Conference

Eagle Crest, OREagle Crest, ORJune 13, 2005June 13, 2005

• Cadastre – Cadastral – Cadastral Survey

• What is the Manual of Surveying Instructions?

• Why is the Manual relevant to the County Surveyor in Oregon?

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?

Agenda

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 Relevant to the County Surveyor/PLS in Oregon?Surveyor/PLS in Oregon?

OREGON REVISED STATUTESOREGON REVISED STATUTESTitle 10. Property Rights and TransactionsTitle 10. Property Rights and Transactions

Chapter 105. Property RightsChapter 105. Property RightsAction to Establish BoundaryAction to Establish Boundary

ORS ORS § 105.718. Procedure for determining § 105.718. Procedure for determining location of public land survey corner.location of public land survey corner.

Shall establish and monument the true location of Shall establish and monument the true location of the corner in accordance with the current Manualthe corner in accordance with the current Manual

OREGON REVISED STATUTESOREGON REVISED STATUTESTitle 20. Counties and County OfficersTitle 20. Counties and County Officers

Chapter 209. County SurveyorsChapter 209. County Surveyors

ORS § 209.070. Duties in respect to surveys.ORS § 209.070. Duties in respect to surveys.

The county surveyor shall:The county surveyor shall:(4) Make all surveys of legal subdivisions with (4) Make all surveys of legal subdivisions with

reference to the current Manual.reference to the current Manual.

ORS ORS § 209.250(1).§ 209.250(1).RPLS shall comply with ORS 209.070(4).RPLS shall comply with ORS 209.070(4).

OREGON REVISED STATUTESOREGON REVISED STATUTESTitle 20. Counties and County OfficersTitle 20. Counties and County Officers

Chapter 209. County SurveyorsChapter 209. County Surveyors

ORS § 209.200. Resurvey of government-ORS § 209.200. Resurvey of government-surveyed lands.surveyed lands.

County Surveyor or RPLS shall observe the County Surveyor or RPLS shall observe the following rules:following rules:

(1)(1) Original corners approved by BLM must standOriginal corners approved by BLM must stand(2)(2) They must be reestablished at identical spotThey must be reestablished at identical spot(3)(3) They must be reestablished with reference toThey must be reestablished with reference to current Manualcurrent Manual

COURT OF APPEALS OF OREGONCOURT OF APPEALS OF OREGON

Voelz v. Board of Engineering Examiners, 586 Voelz v. Board of Engineering Examiners, 586 P.2d 807 (1978); Petitions for Review Denied by P.2d 807 (1978); Petitions for Review Denied by

Supreme Court, 590 P.2d 235 (1979)Supreme Court, 590 P.2d 235 (1979)1) Procedures for the resurvey of the PLSS must 1) Procedures for the resurvey of the PLSS must follow Manualfollow Manual2) A complete disregard for ORS and the BLM 2) A complete disregard for ORS and the BLM Manual of Surveying Instructions and the property Manual of Surveying Instructions and the property rights of other individuals constitutes gross rights of other individuals constitutes gross negligencenegligence

COURT OF APPEALS OF OREGONCOURT OF APPEALS OF OREGON

Hambleton v. Board of Engineering Examiners, Hambleton v. Board of Engineering Examiners, 594 P2d 416 (1979)594 P2d 416 (1979)

Board found petitioner used procedures that were Board found petitioner used procedures that were contrary to BLM Manual:contrary to BLM Manual:

1) Petitioner’s wilful indifference to the standards 1) Petitioner’s wilful indifference to the standards and procedures is gross negligenceand procedures is gross negligence2) Petitioner’s failure to conduct surveys in 2) Petitioner’s failure to conduct surveys in accordance with the Manual demonstrates accordance with the Manual demonstrates incompetenceincompetence

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

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

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 and instructions issued by the GLO and later by the BLM.

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 InformationAnnouncements: Upcoming PresentationsAnnouncements: Upcoming Presentations

General InformationGeneral Information

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

Next Edition WebsiteNext Edition Website