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The Next Edition of the Manual of Surveying Instructions and the Modern Cadastre. Presented by: John Farnsworth, Acting Chief Cadastral Surveyor Oregon/Washington State Office, Portland, OR Bob Dahl, Cadastral Surveyor BLM Lands and Realty Group, Washington, D.C. - PowerPoint PPT Presentation
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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