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The Manual of Surveying Instructions and the Practice of Land Surveying in South Dakota

Presented by: Jim Claflin, BLM Chief Cadastral Surveyor Montana, South Dakota and North Dakota State Office , Billings, MT and Bob Dahl, BLM Cadastral Surveyor Division of Lands, Realty & Cadastral Survey Washington, D.C. South Dakota Society of Professional Land Surveyors

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The Manual of Surveying Instructions and the Practice of Land Surveying in South Dakota

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  1. Presented by: Jim Claflin, BLM Chief Cadastral Surveyor Montana, South Dakota and North Dakota State Office, Billings, MT and Bob Dahl, BLM Cadastral Surveyor Division of Lands, Realty & Cadastral Survey Washington, D.C. South Dakota Society of Professional Land Surveyors 2011 Convention Chamberlain, SD – January 13 & 14, 2011 The Manual of Surveying Instructionsand the Practice of Land Surveyingin South Dakota November 29, 2010

  2. Agenda Why is the Manual relevant to the Private, County and State Surveyor in South Dakota?

  3. Agenda How is the Manual different from the 1973 edition? How is the Manual the same as the 1973 edition? Highlight of “new” issues in the 2009 edition. Examples.

  4. What’s Different? Removed: Obsolete subjects in the 1973 edition of the Manual have not been included in the 2009 Manual. New: Subjects not in the 1973 Manual have been added to the 2009 Manual Clarification: Subjects in the 1973 Manual have been elaborated on in the 2009 Manual

  5. What is the Manual of Surveying Instructions? (Manual) Who/What is affected?

  6. Why is the Manual Relevant to the Private, County and State Surveyor in South Dakota?

  7. The Manual provides: • Rules to survey the PLSS by • An expression of the intent when Federal Government is grantor • SD: Adoption by State legislature, administrative rule, attorney general opinion, common law, and/or common practice 2009 Manual Section 1-3

  8. SOUTH DAKOTA CODIFIED LAWS Title 43. PropertyChapter 20. Survey Corners – Perpetuation § 43-20-1. The purpose of this chapter is to protect and perpetuate public land survey corners and information by the systematic establishment of monuments and filing of information to allow the systematic location of other property corners, . . .

  9. SOUTH DAKOTA CODIFIED LAWS Title 43. PropertyChapter 20. Survey Corners – Perpetuation § 43-20-1. thereby providing for property security and a coherent system of property location and identification; and thereby eliminating the repeated necessity for reestablishment and relocations of such corners once they are established and located

  10. SOUTH DAKOTA CODIFIED LAWS Title 43. PropertyChapter 18. Land Surveys § 43-18-6. The resurvey and subdivision of land by all surveyors shall be in all respects according to the laws of the United States and the instructions issued by the officers thereof in charge of the public land surveys

  11. SOUTH DAKOTA CODIFIED LAWS Title 43. PropertyChapter 19. Township Surveys and Landmarks § 43-19-4. Lost corners shall be reestablished under the rules adopted by the general government in the survey of public lands

  12. SOUTH DAKOTA CODIFIED LAWS Title 43. PropertyChapter 19. Township Surveys and Landmarks § 43-19-1. For surveys of townships, monuments shall be marked with the characters used and designated in United States government surveys

  13. Official Opinion No. 77-61 Office of the Attorney General of the State of South Dakota 1977 Op. Atty Gen. S.D. 140 (July 25, 1977) The State acquired title to the beds and banks up to the OHWM of that water which was navigable under the Federal test on the date of admission

  14. Official Opinion No. 89-22 Office of the Attorney General of the State of South Dakota • 1989-1990 Op. Atty Gen. S.D. 75 (July 25, 1989) • There are distinct Federal definitions of navigability • Commerce Clause • Equal footing doctrine – title to the beds • Others • Permissible for State’s definition of navigability in title cases, if it does not conflict with federally granted rights

  15. SUPREME COURT OF SOUTH DAKOTA Randall v. Burk Township, 4 S.D. 337 (1893) The rule is well settled that in a resurvey of land originally belonging to the United States, and which it has caused to be surveyed under its authority, such resurvey must conform to the survey made under the authority of the government

  16. SUPREME COURT OF SOUTH DAKOTA Randall v. Burk Township, 4 S.D. 337 (1893) The rule is well settled that in a resurvey of land originally belonging to the United States, and which it has caused to be surveyed under its authority, such resurvey must conform to the survey made under the authority of the government

  17. SUPREME COURT OF SOUTH DAKOTA Randall v. Burk Township, 4 S.D. 337 (1893) The rule is well settled that in a resurvey of land originally belonging to the United States, and which it has caused to be surveyed under its authority, such resurvey must conform to the survey made under the authority of the government

  18. SUPREME COURT OF SOUTH DAKOTA Randall v. Burk Township, 4 S.D. 337 (1893) The rule is well settled that in a resurvey of land originally belonging to the United States, and which it has caused to be surveyed under its authority, such resurvey must conform to the survey made under the authority of the government

  19. SUPREME COURT OF SOUTH DAKOTA Randall v. Burk Township, 4 S.D. 337 (1893) The rule is well settled that in a resurvey of land originally belonging to the United States, and which it has caused to be surveyed under its authority, such resurvey must conform to the survey made under the authority of the government

  20. SUPREME COURT OF SOUTH DAKOTA Randall v. Burk Township, 4 S.D. 337 (1893) The rule is well settled that in a resurvey of land originally belonging to the United States, and which it has caused to be surveyed under its authority, such resurvey must conform to the survey made under the authority of the government Using Ground Penetrating Radar system to locate subsurface monuments.

  21. SUPREME COURT OF SOUTH DAKOTA Randall v. Burk Township, 4 S.D. 337 (1893) The rule is well settled that in a resurvey of land originally belonging to the United States, and which it has caused to be surveyed under its authority, such resurvey must conform to the survey made under the authority of the government Vitrified clay tile and rebar located in road.

  22. SUPREME COURT OF SOUTH DAKOTA Hoekman v. Iowa Civil Township, 28 S.D. 206 (1911) In reestablishing lost corners, the Surveyor did not follow the rules adopted by GLO/BLM All parties acquired title from the U.S., and own and hold their lands according to the U.S. GLO/BLM survey

  23. SUPREME COURT OF SOUTH DAKOTA Mills v. Lehmann, 28 S.D. 347 (1911) If the original corners are obliterated or lost, there are certain rules and laws prescribed by the GLO/BLM for guidance of surveyors If the original corners are obliterated or lost, then the surveyor must follow the GLO/BLM instructions to locate/relocate

  24. SUPREME COURT OF SOUTH DAKOTA Titus v. Chapman, 687 N.W.2d 918 (S.D. 2004) Surveyor reestablished the lost corner using methods prescribed by the Manual Surveyor subdivided the section in compliance with the Manual

  25. SUPREME COURT OF SOUTH DAKOTA Phillips v. Hink, 21 S.D. 561 (1908) The Federal law, the instructions issued by GLO relating to the subdivision of sections, and the construction placed upon them by the proper officers of the general government is binding and corners must be ascertained in conformity therewith.

  26. MANUAL The Manual of Surveying Instructions describes how cadastral surveys are made in conformance with statutory law and its judicial interpretation. (Sec. 1-3.) The Director of the Bureau of Land Management has the authority to determine what lands are Federal interest lands, what lands have been surveyed, what are to be surveyed, what have been disposed of, what remains to be disposed of, and what are reserved. (Sec. 1-15.)

  27. What do you mean I am not the Competent Jurisdiction?

  28. Court of Competent Jurisdiction When is the Manual (Federal rules) applicable and when should the Surveyor look elsewhere for the governing rules (State rules), i.e., source of law question 2009 Manual Sections 1-7 & 1-7(n)

  29. Court of Competent Jurisdiction Land Status • Public Domain Land – Federal Rules • Acquired Land – Federal or State Rules • Non-Federal Land – State Rules 2009 Manual Sections 1-13 & 1-13(n)

  30. Court of Competent Jurisdiction Last Common Grantor Owner of land when boundary line is created • Federal – Federal Rules • Non-Federal – State Rules • Some States have adopted Federal rules for some situations 2009 Manual Sections 1-7 & 1-7(n)

  31. Technology AreasManual 2009Chapter 2 How Horizontal Distances are reported on Cadastral plats Astronomic vs Geodetic (GPS) Lines of constant bearing discussion Coordinate Systems NSDI Use of statistical analysis of survey data

  32. Units of MeasureManual 2009Sections 2-41 to 2-43 Accuracy requirements Authorize use of feet on Cadastral plats Conversions for acres, arpents, hectares and varas U.S. Survey Foot

  33. Limit of ClosureManual 2009 – Original SurveySection 3-50 New maximum allowable error of closure listed in this Manual is 1/4000 of the perimeter in either latitude or departure. If original surveys do not meet this limit, corrective steps are needed to find the errors. Individual BLM state offices can adopt stricter closure limits when necessary.

  34. Closing CornersSection 3-79 Determination of the point of intersection by calculation alone is not permissible. Once a corner is monumented at the point of intersection, without gross error, it will ordinarily be accepted as control for both lines. Subsequent technical repositioning of the line closed upon will be avoided.

  35. Quarter Corner of Minimum ControlManual 2009Sections 3-74 to 3-79 and 7-23 to 7-31 • Now this edition of the Manual gives more consideration to corners of minimum control and more direction to the surveyor than the 1973 Manual. • And reference to previously established corners of minimum control.

  36. Fractional SectionsManual 2009Sections 3-118 thru 3-124 Weighted Mean Bearing is generally the preferred method and is better defined in the 2009 Manual.

  37. Figure 3-46

  38. Riparian Presentation ChangesManual 2009 – Sections 3-158 to 3-207, Chapter 8, and Chapters 3 & 8 Notes Greatly expands the instructions on dealing with water boundaries. Includes concepts and case studies of water boundaries in addition to a discussion of survey methods. Discusses the most relevant court cases and administrative law decisions effecting water boundaries within the PLSS.

  39. Supplemental PlatsManual 2009Sections 9-88 to 9-102 and 10-68 In-depth and updated instructions on the preparation and use of supplemental plats.

  40. Alaska Specific IssuesManual 2009Section 10-55 Alaska Native Village Corporations

  41. Retracing Patented Mineral ClaimsManual 2009Sections 10-101 to 10-231 In-depth updated instructions on the resurvey procedures for mineral surveys.

  42. Subdivision of Section –Three-Mile MethodManual 2009Sections 10-16 to 10-20 Three-Mile Method better defined in the 2009 Manual

  43. Chapter Exercise

  44. Closing Corners What has changed? Manual does not give positive guidance on whether to establish them. How to mark and describe them is within the discretion of the State Office Chief Cadastral Surveyor. What is important to the Manual is not "what" a corner is called but "how" it was established. The latter must be clearly stated in the record.

  45. Closing CornersManual 2009, Sections 7-41 to 7-49 What are they? What were they?

  46. Witness CornersManual 2009Section 6-27 What are they? A witness corner is not the corner point but a witness to the true point for the corner. The corner point being witnessed is recovered when the witness corner is recovered.

  47. Witness Corners When are they used? When the true point for a corner cannot be established or occupied. The use of Reference Monuments (RM) is strongly encouraged if possible. WCs are not to be confused with a Witness Point (WP).

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