March 5, 2007

March 5, 2007March 5, 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:

Mike Birtles, BLM Chief Cadastral SurveyorMike Birtles, BLM Chief Cadastral SurveyorMontana State Office, Billings, MT Montana State Office, Billings, MT andand

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

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

Montana Association of Registered Land Surveyors ConferenceMontana Association of Registered Land Surveyors ConferenceBillings, MTBillings, MT

March 2, 2007March 2, 2007

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 Montana?

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 Montana?Surveyor in Montana?

Title 76 Land Resources and UseTitle 76 Land Resources and UseChapter 3 Local Regulation of SubdivisionsChapter 3 Local Regulation of Subdivisions

Part 4 Survey RequirementsPart 4 Survey Requirements

§ 76-3-402 Survey and platting requirements for § 76-3-402 Survey and platting requirements for subdivided lands.subdivided lands.

(3) All subdivision of sections into aliquot parts (3) All subdivision of sections into aliquot parts and retracements of lines must conform to the and retracements of lines must conform to the

Manual of Surveying InstructionsManual of Surveying Instructions

MONTANA CODEMONTANA CODE

Vaught v. McClymondVaught v. McClymond, 116 Mont. 542 (1945), 116 Mont. 542 (1945)

““The survey should be made … in accordance The survey should be made … in accordance with instructions and regulations issued … by the with instructions and regulations issued … by the

general land office for the guidance of county general land office for the guidance of county surveyors and others in ascertaining boundary surveyors and others in ascertaining boundary

lines created by the government survey andlines created by the government survey and

SUPREME COURT OF MONTANASUPREME COURT OF MONTANA

in relocating corners or monuments theretofore in relocating corners or monuments theretofore established which may have become lost or established which may have become lost or

obliterated.”obliterated.”

SUPREME COURT OF MONTANASUPREME COURT OF MONTANAVaught v. McClymondVaught v. McClymond, 116 Mont. 542 (1945), 116 Mont. 542 (1945)

““When lands are granted according to an official When lands are granted according to an official plat of a survey, the plat itself, with all its notes, plat of a survey, the plat itself, with all its notes, lines, descriptions, and landmarks, becomes as lines, descriptions, and landmarks, becomes as much a part of the grant or deed by which they much a part of the grant or deed by which they are conveyed, and controls so far as limits are are conveyed, and controls so far as limits are concerned, as if such descriptive features were concerned, as if such descriptive features were

written out on the face of the deed or grant itself.”written out on the face of the deed or grant itself.”


“The original corners and lines of a section as created and established by the government constitute the true and only boundaries of a

designated quarter section.”


““Congress has provided a system for the survey Congress has provided a system for the survey of public lands, and the boundaries and limits of of public lands, and the boundaries and limits of the several sections and subdivisions thereof, the several sections and subdivisions thereof,

including quarter sections, must be ascertained in including quarter sections, must be ascertained in conformity with the principles laid down in the conformity with the principles laid down in the federal statutes. (See Sectionsfederal statutes. (See Sections 751, 752, 43 751, 752, 43

U.S.C.A.)”U.S.C.A.)”


“A survey of public lands does not ascertain boundaries; it creates them.”

“The quarter lines are not run upon the ground, but they exist, by law, the same as the section

lines.”


“The location of corners and lines established by the government survey, when identified, is

conclusive and the true corner of a government subdivision of a section is where the United

States surveyors in fact established it, whether such location is right or wrong, as may be shown

by a subsequent survey.”


“Original monuments of survey established during a government survey, when properly identified,

control courses and distances and field notes and an official plat of government surveys of record

will control in ascertaining locations, even though the monuments established are gone.”


“In ascertaining the lines of land or in re-establishing the lines of a survey, the footsteps of

the original surveyor, so far as discoverable on the ground, should be followed and it is

immaterial if the lines actually run by the original surveyor are incorrect.”


“In surveying a tract of land according to a former plat or survey, the surveyor's only duty is to

relocate, upon the best evidence obtainable, the courses and lines at the same place where

originally located by the first surveyor on the ground.”


“In making the resurvey, he has the right to use the field notes of the original survey. The object of a resurvey is to furnish proof of the location of the

lost lines or monuments, not to dispute the correctness of or to control the original survey.”


“The original survey in all cases must, whenever possible, be retraced, since it cannot be

disregarded or needlessly altered after property rights have been acquired in reliance upon it.”

“On a resurvey to establish lost boundaries, if the original corners can be found, the places where they were originally established are conclusive

without regard to whether they were in fact correctly located.”


"But the government surveys are, as a matter of law, the best evidence; and, if the boundaries of

land are clearly established thereby, other evidence is superfluous and may be excluded;


The best evidence is the corners actually fixed upon the ground by the government surveyor, in default of which the field notes and plats come next, unless satisfactory evidence is produced that the corner was actually located upon the

ground at a point different from that stated in the field notes."

SUPREME COURT OF MONTANASUPREME COURT OF MONTANAReel v. WalterReel v. Walter, 131 Mont. 382 (1957), 131 Mont. 382 (1957)

The Manual contains the proper procedure for The Manual contains the proper procedure for resurveys and subdivision of sectionsresurveys and subdivision of sections

SUPREME COURT OF MONTANASUPREME COURT OF MONTANAYellowstone Basin Properties, Inc. v. BurgessYellowstone Basin Properties, Inc. v. Burgess, ,

255 Mont. 341 (1993)255 Mont. 341 (1993)

Surveyors who comply with the Manual, and who Surveyors who comply with the Manual, and who uses the best evidence obtainable meets the uses the best evidence obtainable meets the standard of care required for Registered Land standard of care required for Registered Land

Surveyors in MontanaSurveyors in Montana

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

Surveys by the U.S. on the faith of which property Surveys by the U.S. on the faith of which property rights have been acquired, control over surveys rights have been acquired, control over surveys

subsequently made by the U.S. which affect such subsequently made by the U.S. which affect such rights. rights. Pittsmont Copper Co. v. VaninaPittsmont Copper Co. v. Vanina, 71 Mont. , 71 Mont.

44 (1924)44 (1924)

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 ‘lost’ 3) Manual defines ‘existent’ ‘obliterated’ and ‘lost’ cornerscorners4) 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

Announcements: Upcoming PresentationsAnnouncements: Upcoming Presentations

General InformationGeneral Information

- And Other Stuff -- And Other Stuff -

http://www.geocommunicator.gov/GeoComm/http://www.geocommunicator.gov/GeoComm/lsis_home/home/index.htmllsis_home/home/index.html

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

http://www.usajobs.opm.gov/http://www.usajobs.opm.gov/

Next Edition WebsiteNext Edition Website

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March 5, 2007