January 29, 2007January 29, 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:

Lance Bishop, BLM Chief Cadastral SurveyorLance Bishop, BLM Chief Cadastral SurveyorCalifornia State Office, Sacramento, CA California State Office, Sacramento, CA andand

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

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

4646thth Annual CSU Fresno Geomatics Engineering Conference Annual CSU Fresno Geomatics Engineering ConferenceFresno, CAFresno, CA

January 27, 2007January 27, 2007

Little Fish in a Big Pond

Cadastre – Cadastral – Cadastral Survey

Agenda

What is the Manual of Surveying Instructions?

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

Case Study

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

Case StudyCase Study

Group 1474, CAGroup 1474, CA

T. 14 N., R. 13 E., S.B.M.T. 14 N., R. 13 E., S.B.M.

Section 23Section 23

History of SurveysHistory of Surveys1856-57 - A.H. Jones originally surveyed the 1856-57 - A.H. Jones originally surveyed the township lines and subdivisional lines of the township lines and subdivisional lines of the

townshiptownship1916-17 - J.F. Duling, CE & PLS resurveyed 1916-17 - J.F. Duling, CE & PLS resurveyed multiple townships in the area for the Rock multiple townships in the area for the Rock

Springs Land and Cattle Co.Springs Land and Cattle Co.1919 San Bernardino County Surveyor’s office 1919 San Bernardino County Surveyor’s office

resurveyed portions of the townshipresurveyed portions of the township

Our First Plan for SurveyOur First Plan for Survey•Patents and subsequent sales were based on Patents and subsequent sales were based on

aliquot descriptions.aliquot descriptions.•Because of the elongation and the ¼ between Because of the elongation and the ¼ between

23/26 was not located only a standard breakdown 23/26 was not located only a standard breakdown of the section was authorized.of the section was authorized.

•Our survey put most of the structures in trespass Our survey put most of the structures in trespass with the NPS.with the NPS.

•Manual cite 6-15.Manual cite 6-15.

County Survey 1919County Survey 1919

County Survey 1919County Survey 1919

Our RetracementOur Retracement

The ManualThe ManualSection 5-2Section 5-2

““Where government lands are involved, the final Where government lands are involved, the final authority …rests with the BLM”authority …rests with the BLM”

““If privately owned lands are involved, If privately owned lands are involved, consideration is given to any protest made by an consideration is given to any protest made by an interested person concerning the work done by interested person concerning the work done by

the BLM”the BLM”

The Landowner did protest!The Landowner did protest!

Interior Board of Land AppealsInterior Board of Land AppealsLong established by the Department’s Interior Long established by the Department’s Interior

Board of Land Appeals (IBLA) that a protestant Board of Land Appeals (IBLA) that a protestant who challenges a government resurvey will have who challenges a government resurvey will have the burden of demonstrating by a preponderance the burden of demonstrating by a preponderance of the evidence that the disputed resurvey is not of the evidence that the disputed resurvey is not an accurate retracement of the survey which it an accurate retracement of the survey which it

purports to retrace. purports to retrace. John W. and Ovada Yeargan,John W. and Ovada Yeargan, 126 IBLA 361, at 363 (1993)126 IBLA 361, at 363 (1993)

Our protestant did an outstanding job of proving Our protestant did an outstanding job of proving his case.his case.

The ManualThe Manualcontinued:continued:

Section 5-21Section 5-21

The rules for the restoration of lost corners should The rules for the restoration of lost corners should not be applied until all original and collateral not be applied until all original and collateral

evidence has been developed…..evidence has been developed…..

The Act ofThe Act ofMarch 3, 1909:March 3, 1909:Manual section 6-12Manual section 6-12

That no such resurvey or retracement shall be so That no such resurvey or retracement shall be so executed as to impair the bona fide rights or executed as to impair the bona fide rights or

claims of any claimant, entryman, or owner of claims of any claimant, entryman, or owner of lands affected by such resurvey or retracementlands affected by such resurvey or retracement

The ManualThe Manualcontinued:continued:

Section 6-13Section 6-13

Bona fide rights are those acquired in good faith Bona fide rights are those acquired in good faith under the law.under the law.

The ManualThe Manualcontinued:continued:

Section 6-15 continuedSection 6-15 continued

The surveyor should neither rigidly apply the rules The surveyor should neither rigidly apply the rules for restoration of lost corners without regard to for restoration of lost corners without regard to

effect on location of improvements…..effect on location of improvements…..

The ManualThe Manualcontinued:continued:

Section 6-17Section 6-17

A claim cannot generally be regarded as having A claim cannot generally be regarded as having been located in good faith if no attempts have been located in good faith if no attempts have been made to relate it in some manner to the been made to relate it in some manner to the

original survey.original survey.

Our Final PlatOur Final Plat

ConclusionsConclusions

•Our first direction, albeit in the end wrong, was Our first direction, albeit in the end wrong, was well supported in Manual.well supported in Manual.

•The landowner may have won but still much of The landowner may have won but still much of his later improvement are still in trespass.his later improvement are still in trespass.

•We do make mistakes, but our ultimate goal is to We do make mistakes, but our ultimate goal is to get it right. get it right.

Business & Professions CodeBusiness & Professions CodeDivision 3. Professions and Vocations GenerallyDivision 3. Professions and Vocations Generally

Chapter 15. Land SurveyorsChapter 15. Land SurveyorsArticle 4. Issuance of LicenseArticle 4. Issuance of License

§ 8741. Divisions of examination§ 8741. Divisions of examination(b) Applicant shall be thoroughly familiar with (b) Applicant shall be thoroughly familiar with

Manual of Surveying Instructions procedures and Manual of Surveying Instructions procedures and rulesrules

CALIFORNIA CODESCALIFORNIA CODES

CALIFORNIA CODESCALIFORNIA CODESBusiness & Professions CodeBusiness & Professions Code

Division 3. Professions and Vocations GenerallyDivision 3. Professions and Vocations GenerallyChapter 15. Land SurveyorsChapter 15. Land SurveyorsArticle 5. Surveying PracticeArticle 5. Surveying Practice

§ 8773. Filing of written record of corner § 8773. Filing of written record of corner establishment or restoration requiredestablishment or restoration required

(a) & (b) “Lost corner” - defined by the Manual(a) & (b) “Lost corner” - defined by the Manual

Title 16. Professional and Vocational RegulationsTitle 16. Professional and Vocational RegulationsDivision 5. Board for Professional Engineers and Division 5. Board for Professional Engineers and

Land SurveyorsLand SurveyorsArticle 4. MiscellaneousArticle 4. Miscellaneous

CALIFORNIA CODE OF REGULATIONSCALIFORNIA CODE OF REGULATIONS

§ 464. Corner Record§ 464. Corner Record(f) BLM standard markings and abbreviations (f) BLM standard markings and abbreviations

shall be usedshall be used

64 Opinions of the Attorney General 224 (1981)64 Opinions of the Attorney General 224 (1981)

Office of the Attorney General of the State of Office of the Attorney General of the State of CaliforniaCalifornia

Manual of Surveying Instructions is “the Manual of Surveying Instructions is “the authoritative reference book on the subject” of authoritative reference book on the subject” of

accessories to corner monumentsaccessories to corner monuments

CALIFORNIA CODESCALIFORNIA CODESEvidence CodeEvidence Code

Division 4. Judicial NoticeDivision 4. Judicial Notice§ 452. Matters which may be judicially noticed§ 452. Matters which may be judicially noticed

Regulations of the land officeRegulations of the land office

Actions of the BLM and of Departmental Actions of the BLM and of Departmental decisionsdecisions

Finley v. Yuba County Water DistrictFinley v. Yuba County Water District,,99 Cal.App.3d 691 (1979);99 Cal.App.3d 691 (1979); California v. California v.

ThompsonThompson, 22 Cal.App.3d 368 (1971), , 22 Cal.App.3d 368 (1971), petitions petitions for rehearing and hearing denied,for rehearing and hearing denied, by Supreme by Supreme

Court (1972)Court (1972)

““Obliterated” corner and “lost” corner is defined Obliterated” corner and “lost” corner is defined by the Manual and the Restoration pamphlet.by the Manual and the Restoration pamphlet.

Rules for proportionate measurement is found in Rules for proportionate measurement is found in the Manual and Restoration pamphletthe Manual and Restoration pamphlet

STATE COURTS OF CALIFORNIASTATE COURTS OF CALIFORNIA

STATE COURTS OF CALIFORNIASTATE COURTS OF CALIFORNIAReid v. DunnReid v. Dunn, 201 Cal.App.2d 612 (1962), , 201 Cal.App.2d 612 (1962), cert. cert.

denied,denied, by Supreme Court (1962) by Supreme Court (1962)

Record of Survey Map shows careful preparation Record of Survey Map shows careful preparation and execution of the survey in compliance with and execution of the survey in compliance with

the rules established by the Manualthe rules established by the Manual

STATE COURTS OF CALIFORNIASTATE COURTS OF CALIFORNIAHanes v. Hollow Tree Lumber CompanyHanes v. Hollow Tree Lumber Company, ,

191 Cal.App.2d 658 (1961), 191 Cal.App.2d 658 (1961), cert. denied,cert. denied, by by Supreme Court (1961)Supreme Court (1961)

In unusual situations (up to one mile of distortion In unusual situations (up to one mile of distortion in original survey): unexplained or irreconcilable in original survey): unexplained or irreconcilable discrepancy, fictitious or grossly erroneous field discrepancy, fictitious or grossly erroneous field

notes – the Manual is quoted as the law in notes – the Manual is quoted as the law in CaliforniaCalifornia

CALIFORNIA CASE LAW of NOTECALIFORNIA CASE LAW of NOTECounty of Yolo v. NolanCounty of Yolo v. Nolan, 144 Cal. 445 (1904), 144 Cal. 445 (1904)

Surveyor should endeavor to retrace the steps of Surveyor should endeavor to retrace the steps of the original surveyorthe original surveyor

CALIFORNIA CASE LAW of NOTECALIFORNIA CASE LAW of NOTEWeaver v. HowattWeaver v. Howatt, , 161 Cal. 77 (1911); 171 Cal. 302 (1915)161 Cal. 77 (1911); 171 Cal. 302 (1915)

1) Field notes and survey plat constitute parts of 1) Field notes and survey plat constitute parts of the descriptions in the original patents;the descriptions in the original patents;

2) Monuments and objects prevail over courses 2) Monuments and objects prevail over courses and distances;and distances;

3) Lost corners will be restored by proportionate 3) Lost corners will be restored by proportionate measurement; exceptmeasurement; except

CALIFORNIA CASE LAW of NOTECALIFORNIA CASE LAW of NOTEWeaver v. HowattWeaver v. Howatt, , 161 Cal. 77 (1911); 171 Cal. 302 (1915)161 Cal. 77 (1911); 171 Cal. 302 (1915)

4) Proportionate measurement is not used when 4) Proportionate measurement is not used when it contradicts or conflicts with the official data it contradicts or conflicts with the official data that are not impeached and confine the actual that are not impeached and confine the actual

position within certain limits;position within certain limits;

5) In that case, the proportionate measurement 5) In that case, the proportionate measurement position must be confined to the same limits.position must be confined to the same limits.

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§ 751-753, 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 resurvey3) 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

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Announcements: Upcoming PresentationsAnnouncements: Upcoming Presentations

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